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EU Court Partly Annuls Minimum-Wage Directive, Striking Core Pay-Setting Rules

The decision limits EU authority on wage criteria, leaving national wage levels to member states.

Overview

  • The Court of Justice of the EU voided two provisions of the 2022 directive, canceling criteria for how minimum wages are set and updated and a rule preventing cuts where wages are automatically indexed.
  • Other parts of the directive remain in force, including duties to promote broad collective-bargaining coverage, with Germany still expected to file an action plan by December 31, according to its labor ministry.
  • Denmark’s challenge, supported by Sweden, was partially upheld as the judges found the EU had overstepped by prescribing pay-setting standards.
  • The ruling does not change Germany’s scheduled minimum wage increases to 13.90 euros in 2026 and 14.60 euros in 2027, though unions note a 60 percent median-wage benchmark would exceed 15 euros.
  • The directive was adopted by 24 of 27 EU states in 2022, and the court reaffirmed that EU law may regulate working conditions but not the level of remuneration.