Judgment_paragraph 4 · Odette Simon v Commission of the European Communities (C-274/00 P)

4In support of the single plea in law put forward by Ms Simon, alleging misuse of powers, Ms Simon submitted that the employment contracts which she had entered into since 15 May 1966 with the various companies and organisations which acted as supervisory agencies must be regarded as contracts of employment as a member of the temporary staff for the purposes of Article 1 of the CoE and, consequently, her administrative situation should be regularised from that date. She based her reasoning, in particular, on Case C-249/87 Mulfinger and Others v Commission [1989] ECR 4127 and Case 17/78 Deshormes v Commission [1979] ECR 189 in which it was held that a contract of employment or a contract for the provision of services governed by the law of a Member State was unlawful if the Community chose that contractual route not in the light of the needs of the service, but with a view to avoiding the application of the Staff Regulations or the CoE.