ORDER OF THE COURT (Sixth Chamber)

20 January 2009

Case C-38/08 P

Jörn Sack

v

Commission of the European Communities

(Appeal – Civil service – Remuneration – Non-application of the increment provided for heads of unit to a legal adviser of grade A*14 – Principle of equal treatment)

Appeal: against the judgment of the Court of First Instance (Fifth Chamber) in Case T-66/05 Sack v Commission, by which the Court of First Instance rejected the application for the annulment of the decisions relating to the setting of the applicant’s monthly salary for the period from May 2004 to February 2005, application for that salary to be recalculated and application for the annulment of the decision expressly rejecting the applicant’s complaint. Non-application of the increment provided for heads of unit to a legal adviser of grade A*14 in the Commission’s legal service responsible for the coordination of a working group. Infringement of the principle of equal treatment.

Held:  The appeal is dismissed. Mr Sack is ordered to bear his own costs and those of the Commission.

Summary

1.        Appeals – Pleas in law – Plea submitted for the first time in the context of the appeal – Inadmissibility

(Rules of Procedure of the Court of Justice, Arts 42(2) and 118)

2.        Officials – Equal treatment – Limits – Advantage unlawfully granted

3.        Officials – Organisation of departments – Unit