25Second, it must be borne in mind that the Court has already ruled, in connection with Article 141 EC, that since it is mandatory in nature, the prohibition on discrimination between men and women applies not only to the action of public authorities but also extends to all agreements which are intended to regulate paid labour collectively, as well as to contracts between individuals (see, in particular, Case 43/75 Defrenne v Sabena [1976] ECR 455, paragraph 39; Case C-184/89 Nimz [1991] ECR I-297, paragraph 11; and Case C-333/97 Lewen [1999] ECR I-7243, paragraph 26). As the BATO is intended to govern the relations of contract staff with public authorities, the same must apply in the context of Directive 76/207 (see, to that effect, Case C-1/95 Gerster [1997] ECR I-5253, paragraph 18).
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