All developments
ETUC Counter-Opinion on the Adequate Minimum Wage Directive case before the CJEU
- Last update (28 March 2025) : The Executive Summary of the ETUC Counter-Opinion on the Adequate Minimum Wage Directive case is available in EN, FR, NL and DE (section documents).
As informed in the case law section of ETUCLEX website, the Adequate Minimum Wage Directive has been challenged before the Court of Justice of the European Union (Case C‑19/23) by the Government of Denmark.
The claim is to annul the directive in total, and if not then in part.
The Advocate General Emiliou has delivered his (non-binding) Opinion on 14 January 2025 in support of this claim for annulment. It seems that the judgement of the CJEU in Grand Chamber may be expected already on 6 May 2025.
The ETUC has therefore elaborated an ETUC Counter-Opinion to legally dismiss the arguments brought by Advocate General Emiliou but also a Legal Executive Summary as detailed below:
- the ETUC Counter-Opinion, which in a very respectful and diplomatic manner, argues that according to the Treaties and the consolidated jurisprudence of the CJEU, the European Union has competence on pay, and that accordingly the Adequate Minimum Wage Directive does not interfere with the right to bargain collectively nor with the social partner autonomy.
- The ETUC Legal Executive Summary summarises the legal arguments developed in a clear and user-friendly manner, so as to provide support to our respective actions to advocate in support of the Adequate Minimum Wage Directive.
- The ETUC has published a press release in this regard available here.