21The Court has held that Articles 5 and 85 are infringed where a Member State requires or favours the adoption of agreements, decisions or concerted practices contrary to Article 85 or reinforces their effects, or where it deprives its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions affecting the economic sphere (see the judgments in Wan Eycke, paragraph 16, in Reiff, paragraph 14, and in Delta Schiffahrts- und Speditionsgesellschaft, paragraph 14).
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