Summary 

he ECJ confirms the validity of a large part of the Directive on adequate minimum wages in the EU, while annulling certain parts.

Ruling 

1. The ECJ annuls the part of the sentence ‘including the elements referred to in paragraph 2’ in the fifth sentence of Article 5(1) of Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union, Article 5(2) of that directive and the part of the sentence ‘provided that the application of that mechanism does not lead to a decrease of the statutory minimum wage’ in Article 5(3) of that directive;

2.      Dismisses the action as to the remainder;

3.      Orders the Kingdom of Denmark to pay two thirds of the costs incurred by the European Parliament and the Council of the European Union and to bear two thirds of its own costs;

4.      Orders the European Parliament and the Council of the European Union to pay one third of the costs incurred by the Kingdom of Denmark and to bear one third of their own costs;

5.      Orders the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Portuguese Republic, the Kingdom of Sweden and the Commission to bear their own costs.