Opinion of Advocate General Emiliou to annul the Directive on Adequate Minimum Wages

By action, lodged in application of Article 263 TFEU, the Kingdom of Denmark, supported by the Kingdom of Sweden, asks the Court, principally, to annul Directive (EU) 2022/2041 on adequate minimum wages in the European Union (‘the AMW Directive’) (3) in full. Both Member States argue that the European Parliament and the Council lacked the competence to adopt the AMW Directive on the basis of Article 153(2)(b) TFEU, read in conjunction with Article 153(1)(b) TFEU. Those provisions empower the European Parliament and the Council to set, by means of directives, minimum requirements in the field of ‘working conditions’. However, Article 153(5) TFEU makes clear that this competence does not extend to, inter alia, ‘pay’.

In the opinion, EU’s Advocate General propose that the Court of Justice annul in full Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union, on the ground that it is incompatible with Article 153(5) TFEU and, thus, with the principle of conferral laid down in Article 5(2) TEU.

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