EU: Advocate General advises striking down Minimum Wage Directive

The Advocate General recommends striking down the EU Minimum Wage Directive, citing incompatibility with Article 153(5) TFEU. The Court's final ruling is pending, potentially impacting collective bargaining promotion

Key Points:  Advocate General recommends striking down EU Minimum Wage Directive, citing incompatibility with Article 153(5) TFEU. Denmark brought the case against the Directive. It is important to note that the Opinion of the Advocate General is not a judgement. It is advice to the Court. It is for the Court to decide.

Why this matters: This could impact EU's authority to legislate on pay matters. Denmark argues that pay matters are not an EU competence under the EU treaties. This may well hamper trade unions' efforts to boost declining membership through collective bargaining promotion.

What happens next: Full Court to rule later this year. Meanwhile many EU governments likely to pause Directive transposition pending ruling.

ADDITIONAL INFORMATION:

You can read the Advocate General’s opinion here. 

The Opinion runs to 50 pages, we will come back to it next week.