Judgment_paragraph 82 · Commission of the European Communities v Kingdom of Spain (C-463/00)

82Nor can that finding be called in question by the argument which the Spanish Government bases on Article 86(2) EC. In that regard, although it is true that paragraph (2) of Article 86 EC, read with paragraph (1) thereof, seeks to reconcile the Member States' interest in using certain undertakings, in particular in the public sector, as an instrument of economic or social policy with the Community's interest in ensuring compliance with the rules on competition and the preservation of the unity of the common market (Case C-202/88 France v Commission [1991] ECR I-1223, paragraph 12; and Case C-157/94 Commission v Netherlands [1997] ECR I-5699, paragraph 39), it is none the less the case that the Member State must set out in detail the reasons for which, in the event of elimination of the contested measures, the performance, under economically acceptable conditions, of the tasks of general economic interest which it has entrusted to an undertaking would, in its view, be jeopardised (Commission v Netherlands, paragraph 58).