Order of the Court (Sixth Chamber) of 20 January 2009 – Sack v Commission
(Case C‑38/08 P)
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
1.Appeals – Grounds – Ground submitted for the first time in an appeal – Inadmissible (Rules of Procedure of the Court of Justice, Arts 42(2) and 118) (see paras 23, 45)
2.Officials of the European Communities – Equal treatment – Limits – Advantage unlawfully granted (see para. 32)
3.Officials of the European Communities – Organisation of departments – Unit (see paras 46, 48)
Re:
| Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 11 December 2007 in Case T-66/05 | Sack | v | Commission | , by which that Court rejected an 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, an application for that salary to be recalculated and an application for the annulment of the decision expressly rejecting the applicant’s claim – 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. |
Operative part:
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Mr Sack to bear his own costs and the costs incurred by the Commission of the European Communities. |