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

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.