Case C‑19/23 on the Minimum Wage Directive

The Decision on the validity of the “Minimum Wage Directive” from November 2025 was analysed from several aspects, but in the present commentary, I focus on the Court’s interpretation of the limit set by Article 153(5) TFEU to the Union’s legislative competence. The latter excludes the adoption of measures relating to […] “pay”. Arguably, the Court’s reasoning shrinks the contours of the exclusion of “pay”, thereby limiting the practical reach of Article 153(5) TFEU in a way that invites consideration of whether the retained national competences are taken seriously.