By Mr. Salvatore Gabriele, ELGU Alumnus
This article briefly examines Denmark’s challenge to Directive (EU) 2022/2041 before the Court of Justice of the European Union, arguing it unlawfully interfered with national control over wages under Article 153(5) TFEU. While Advocate General Nikolas Emiliou supported full annulment, the Court only partially annulled the Directive, striking down specific provisions on minimum wage-setting criteria. The Court held that direct interference with pay falls outside EU competence, but indirect measures (such as promoting collective bargaining and ensuring adequate minimum wages) are lawful under Article 153(1)(b) TFEU. The ruling preserves most of the Directive while clarifying the limits of EU authority in social policy.
