All’s well that ends well? The Court’s “saving” of the Adequate Minimum Wage Directive

The Grand Chamber of the Court of Justice of the European Union “saved” Directive (EU) 2022/2041 on adequate minimum wages from total annulment in its judgment of 11 November 2025 (C-19/23). The ruling clarifies the boundaries of the competence exclusions laid down in Article 153(5) TFEU concerning “pay” and the “right of association,” by recalling and updating the test of direct interference developed in the Court’s earlier case law. This article follows the Court’s reasoning step by step, critically examining its arguments also in light of the Advocate General’s Opinion, which had instead supported the full annulment of the Directive. It concludes by reflecting on the broader implications of the judgment for the future of European wage policy.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2025-12-11
DOI
https://doi.org/10.6092/issn.1561-8048/23534
Primary Topic
Digital Economy and Work Transformation
Type
article
Field-Weighted Citation Impact
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article

All’s well that ends well? The Court’s “saving” of the Adequate Minimum Wage Directive

SHILAP Revista de lepidopterología
Digital Economy and Work Transformation
article

All’s well that ends well? The Court’s “saving” of the Adequate Minimum Wage Directive

article en

Abstract

The Grand Chamber of the Court of Justice of the European Union “saved” Directive (EU) 2022/2041 on adequate minimum wages from total annulment in its judgment of 11 November 2025 (C-19/23). The ruling clarifies the boundaries of the competence exclusions laid down in Article 153(5) TFEU concerning “pay” and the “right of association,” by recalling and updating the test of direct interference developed in the Court’s earlier case law. This article follows the Court’s reasoning step by step, critically examining its arguments also in light of the Advocate General’s Opinion, which had instead supported the full annulment of the Directive. It concludes by reflecting on the broader implications of the judgment for the future of European wage policy.

SHILAP Revista de lepidopterología
University of Bologna (IT)
Reduced inequalities
Openalex Percentile: Top 25%
Digital Economy and Work Transformation
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