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The article explores the judicial reasoning behind the CJEU's decision on the Minimum Wage Directive and its broader implications.

April 17, 2026Open Access

The CJEU upholds (most of) the Minimum Wage Directive: a cautious celebration for social Europe

Key Points

The article explores the judicial reasoning behind the CJEU's decision on the Minimum Wage Directive and its broader implications.
Examines the case presented before the CJEU regarding the Minimum Wage Directive.
Analyzes the arguments from the Advocate General and the CJEU.
Reflects on the implications for the future of social policies in Europe.
The CJEU upheld most of the Minimum Wage Directive but identified sections adopted beyond EU competence.
Certain sections were deemed invalid and excluded from the Directive.
The ruling signals a cautious advancement for social Europe and its labor policies.

Abstract

Abstract In November 2025 the CJEU delivered the much-anticipated case on the validity of the Adequate Minimum Wage Directive 2022/2041. In it, the CJEU confirmed the validity of most of the Directive, declaring that only some sections had been adopted outside EU competence. These had to be removed from the Directive. This article studies the argumentation of both the Advocate General and the CJEU in the case and it offers a reflection of what this case entails for the future of the Directive and social Europe.

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