Is the minimum wage directive compatible with the exclusion of ‘pay’ in Article 153(5) TFEU on the basis of case law?

Abstract

Directive (EU) 2022/2041 on ensuring adequate minimum wages in the European Union aims to improve working and living conditions in the European Union (EU) by establishing a framework for the following: the adequacy of the minimum wage set by law; the promotion of collective bargaining for wage setting; and the improvement of effective access to the rights provided by the minimum wage for workers, where such protection is provided for by national law and/or collective agreements. In January 2023, the Danish government filed an action with the European Court of Justice seeking the annulment of the directive, and in January 2025, the Advocate General delivered a unanimous opinion in the case. This study examines whether the exclusion of ‘pay’ in the Minimum Wage Directive and Article 153(5) TFEU could be interpreted differently on the basis of the case law of the Court of Justice of the European Union.