Review of EU Legislative Acts
Commission Delegated Regulation (EU) 2025/1766
This regulation bolsters the EU’s fisheries control system by detailing rules on monitoring, surveillance, inspection, enforcement, and compliance. It standardizes inspection procedures and harmonizes point systems for serious infringements. Notably, it addresses technical failures in monitoring systems and includes measures to combat forced labor in the fishing industry.
Commission Implementing Regulation (EU) 2025/2275
This act grants Protected Geographical Indication (PGI) status to ‘Miel de tilleul de Picardie’, a honey from the Picardy region in France. This registration protects the name from misuse and imitation within the EU, ensuring that only honey meeting specific quality standards from that region can use the designation.
Commission Implementing Regulation (EU) 2025/2249
This regulation amends Implementing Regulation (EU) 2019/2072, updating the list of Union regulated non-quarantine pests (RNQPs). It updates scientific names, allows third countries to specify phytosanitary measures on certificates, and reorganizes Annex V for clarity. These changes aim to improve the consistency and effectiveness of phytosanitary measures within the EU.
Commission Implementing Regulation (EU) 2025/2247
This act outlines measures to prevent the introduction and spread of harmful bacteria affecting citrus plants. The regulation focuses on surveys, contingency plans, and eradication efforts, including establishing demarcated areas and implementing control measures.
Commission Implementing Regulation (EU) 2025/2294
This regulation introduces a temporary derogation allowing the import of mango fruits from Mali, provided they undergo a specific post-harvest treatment to eliminate fruit flies. It mandates that the treatment method be communicated to the Commission and documented on the phytosanitary certificate, ensuring continued trade while mitigating pest risks.
Commission Implementing Regulation (EU) 2025/2291
This regulation amends Implementing Regulation (EU) 2022/1629, updating the demarcated areas in Greece, France, and Italy for containing *Ceratocystis platani*, a harmful plant pest. The focus shifts from eradication to containment in areas where the pest is already widespread.
Commission Regulation (EU) 2025/2311
This regulation establishes a fisheries closure for European hake in specific GFCM subareas for vessels flying the flag of France. It prohibits fishing activities targeting European hake due to the exhaustion of France’s allocated quota, aiming to protect the stock.
Commission Regulation (EU) 2025/2306
This regulation establishes a fisheries closure for small-eyed ray in area 7e for vessels flying the flag of France. As France has exhausted its quota, fishing for this stock is prohibited from October 22, 2025.
Judgment of the Court of Justice of the European Union (Case C-19/23)
This judgment concerns an action for annulment brought by Denmark against Directive (EU) 2022/2041 on minimum wages. The Court partially upheld Denmark’s action, annulling specific provisions of Article 5 that were found to directly interfere with the determination of pay within the European Union, while dismissing the remainder of the action.
Review of each of legal acts published today:
Commission Delegated Regulation (EU) 2025/1766 of 27 August 2025 supplementing Council Regulation (EC) No 1224/2009 by laying down rules on the control of fisheries and on the surveillance and inspection of fishing activities, enforcement and compliance
Here’s a breakdown of the key aspects of Commission Delegated Regulation (EU) 2025/1766:
**1. Essence of the Act:**
This regulation supplements Council Regulation (EC) No. 1224/2009, which forms the cornerstone of the EU’s fisheries control system. It provides detailed rules on fisheries control, surveillance and inspection of fishing activities, enforcement, and compliance. The regulation aims to ensure effective monitoring of fishing activities, standardize inspection procedures, and harmonize the application of point systems for serious infringements. It also addresses technical failures in monitoring systems and sets out measures to combat forced labor in the fishing industry.
**2. Structure and Main Provisions:**
The regulation is structured into six titles, covering general provisions, control of fisheries, surveillance and inspection, enforcement, measures to ensure compliance and final provisions. Key provisions include:
* **Monitoring of Fishing Activities:** Detailed rules for fisheries monitoring centers (FMCs) to monitor vessel entry and exit from specific areas, and actions to be taken in case of technical failures of vessel monitoring devices.
* **Electronic Recording and Reporting:** Procedures for handling technical failures or non-functioning of electronic recording and reporting systems, and measures to be taken in case of data access failures.
* **Control Observers:** Rules to ensure the independence, duties, and security of control observers on board fishing vessels.
* **Inspection Procedures:** Standardized procedures for inspections at sea, in ports, during transport, and at marketplaces, including specific guidelines for detecting fishing activities involving forced labor.
* **Enforcement:** Rules for the follow-up of suspension and permanent withdrawal of fishing licenses and the right to command a fishing vessel, as well as conditions for deleting points assigned for serious infringements.
* **Registration of Masters:** Establishment of a register for masters of fishing vessels to record points assigned for serious infringements.
* **Compliance Measures:** Guidelines for determining quota deductions for Member States failing to comply with the Common Fisheries Policy.
**3. Main Provisions for Practical Use:**
* **Technical Failure Protocols (Articles 4 & 7):** Clear steps for masters and FMCs to follow when vessel monitoring devices or electronic reporting systems malfunction. This includes communication requirements and conditions for remaining at sea or returning to port.
* **Inspection Guidelines (Articles 14-33):** Detailed procedures for officials conducting inspections, covering various scenarios from at-sea boardings to market inspections. These articles also outline the duties and obligations of operators and masters during inspections.
* **Forced Labor Detection (Article 20 & Annex V):** Specific guidance for officials to identify and respond to potential cases of forced labor on fishing vessels, including indicators to look for and required actions.
* **Point System for Masters (Chapter II of Title IV):** Rules for the registration of masters and the recording of points assigned to them for serious infringements, which could lead to the suspension or withdrawal of their right to command a fishing vessel.
* **Quota Deduction (Articles 38 & 39):** Rules regarding the process and criteria for the Commission to deduct quotas from Member States that fail to comply with the rules of the Common Fisheries Policy.
Commission Delegated Regulation (EU) 2025/1440 of 18 July 2025 supplementing Regulation (EU) 2019/1700 of the European Parliament and of the Council by specifying the number and titles of the variables for the use of information and communication technologies domain for the reference year 2026
Commission Implementing Regulation (EU) 2025/2290 of 6 November 2025 concerning the classification of certain goods in the Combined Nomenclature
Commission Implementing Regulation (EU) 2025/2196 of 17 October 2025 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 as regards access to waters and resources, control of fisheries, surveillance, inspection and enforcement, deduction of quotas and fishing efforts, data and information, and repealing Commission Implementing Regulation (EU) No 404/2011
Commission Implementing Regulation (EU) 2025/2253 of 11 November 2025 correcting certain language versions of Annex I to Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2025/2251 of 10 November 2025 on the measures on exhaustiveness for the purpose of Regulation (EU) 2019/516 of the European Parliament and of the Council on the harmonisation of gross national income at market prices, and repealing Commission Decision 94/168/EC, Euratom
Commission Implementing Regulation (EU) 2025/2259 of 4 November 2025 on the registration of the geographical indication Cârnați din topor din Vâlcea (PGI) in the Union register of geographical indications pursuant to Regulation (EU) 2024/1143 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2025/2260 of 4 November 2025 on the registration of the geographical indication Aceite del Somontano (PDO) in the Union register of geographical indications pursuant to Regulation (EU) 2024/1143 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2025/2261 of 4 November 2025 on the registration of the geographical indication Casauria (PDO) in the Union register of geographical indications pursuant to Regulation (EU) 2024/1143 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2025/2271 of 4 November 2025 on the registration of the geographical indication Füred (PDO) in the Union register of geographical indications pursuant to Regulation (EU) 2024/1143 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2025/2293 of 10 November 2025 amending Implementing Regulation (EU) 2023/203 as regards the requirements applicable to organisations subject to a declaration and correcting Regulations (EU) No 1178/2011, (EU) No 748/2012, (EU) No 965/2012, (EU) No 139/2014, (EU) No 1321/2014, (EU) 2015/340, and Implementing Regulation (EU) 2017/373
Commission Implementing Regulation (EU) 2025/2275 of 4 November 2025 on the registration of the geographical indication Miel de tilleul de Picardie (PGI) in the Union register of geographical indications pursuant to Regulation (EU) 2024/1143 of the European Parliament and of the Council
This Commission Implementing Regulation (EU) 2025/2275 officially registers ‘Miel de tilleul de Picardie’ as a Protected Geographical Indication (PGI) in the Union’s register. This means that the honey, sourced from the Picardy region in France, meets specific quality standards and has a unique link to its geographical origin. The registration protects the name ‘Miel de tilleul de Picardie’ from misuse and imitation within the EU.
The regulation consists of a preamble outlining the legal basis and justification for the registration, followed by two articles. Article 1 formally registers the geographical indication. Article 2 specifies that the regulation will come into force twenty days after its publication in the Official Journal of the European Union. This regulation is based on Regulation (EU) 2024/1143, which repeals Regulation (EU) No 1151/2012.
The most important provision is Article 1, which grants PGI status to ‘Miel de tilleul de Picardie’. This legal protection ensures that only honey produced in accordance with the defined specifications within the Picardy region can be marketed under that name, thus safeguarding the interests of both producers and consumers.
Commission Implementing Regulation (EU) 2025/2249 of 10 November 2025 amending Implementing Regulation (EU) 2019/2072 as regards the listing and the measures for regulated non-quarantine pests
Here is a description of the provisions of the act:
**1. Essence of the Act:**
Commission Implementing Regulation (EU) 2025/2249 amends Implementing Regulation (EU) 2019/2072 concerning the list of Union regulated non-quarantine pests (RNQPs) and measures to prevent their presence on specific plants for planting. The amendments include updating the scientific names of certain pests to reflect the latest international nomenclature, adapting Annex V to allow third countries to indicate the relevant measure applied on the phytosanitary certificate, and reorganizing Annex V to improve clarity and ease of use for competent authorities and professional operators. The regulation aims to enhance the effectiveness and consistency of phytosanitary measures within the Union.
**2. Structure and Main Provisions:**
* **Updates to Pest Names:** The regulation updates the scientific names of several pests in Annexes IV and V of Implementing Regulation (EU) 2019/2072 to align with the latest versions of the List of Prokaryotic names with Standing in Nomenclature and the Index Fungorum.
* **Amendment of Article 71(2) of Regulation (EU) 2016/2031:** The phytosanitary certificate is to specify as of 6 July 2026 under the heading ‘Additional Declaration’ which specific requirement is fulfilled, whenever the respective implementing act adopted pursuant to Article 28(1) and (2), Article 30(1) and (3), Article 37(4), Article 41(2) and (3) and Article 54(2) and (3) allows for several different options for such requirements.
* **Reorganization of Annex V:** The measures in Parts A, B, G, and I of Annex V are moved into tables to improve visibility of different options. Parts C, D, E, F, H, J, and K of that Annex are numbered.
* **Alphabetical Order:** Pests and their respective taxonomic groups are listed in alphabetical order within the tables of all Parts of Annex V.
* **Removal of EPPO Codes:** The European and Mediterranean Plant Protection Organisation (EPPO) codes are removed from Annex V, as they are already indicated in Annex IV.
* **Inclusion of Authors’ Names:** The scientific names of pests are updated to include the respective author in all parts of Annex V.
* **Specification of Material Type:** The type of material to which the measures apply is specified, along with the respective plant species. The wording “official statement” is added in the third column of each table of Annex V.
* **Extension of Measures:** Measures set out only for the movement of plants for planting within the Union territory are extended to the introduction of those plants into the Union from third countries.
* **Clarification of Authorisation:** Clarifies that the authorisation for seed treatment against specific pests is to be granted by the competent authority.
* **Area Freedom:** Allows the movement within, and introduction into, the Union territory of the respective plants that originate in areas established by the competent authority as being free from certain pests.
**3. Main Provisions for Use:**
* **Updated Pest Names:** Professional operators and competent authorities should take note of the updated scientific names of the listed pests to ensure accurate identification and reporting.
* **Phytosanitary Certificates:** Third countries must indicate on the phytosanitary certificate the relevant measure applied, and Member States must carry out corresponding import controls.
* **Compliance with Measures:** Professional operators must ensure that plants for planting comply with the measures listed in Annex V to prevent the presence of RNQPs.
* **Area Freedom:** Plants for planting originating in areas established as being free from specific pests by the competent authority can be moved within and introduced into the Union territory.
* **Seed Treatment Authorisation:** Seed treatments must be authorised by the competent authority for use against specific pests.
* **Implementation Date:** The regulation applies from 6 July 2026.
Commission Implementing Regulation (EU) 2025/2247 of 10 November 2025 on measures to prevent the establishment and spread within the Union territory of Candidatus Liberibacter africanus, Candidatus Liberibacter americanus and Candidatus Liberibacter asiaticus
This Commission Implementing Regulation (EU) 2025/2247 outlines measures to prevent the introduction and spread of *Candidatus Liberibacter africanus*, *Candidatus Liberibacter americanus*, and *Candidatus Liberibacter asiaticus* within the European Union, and to eradicate them if detected. These bacteria are harmful to citrus plants, causing Huanglongbing disease. The regulation focuses on surveys, contingency plans, establishment of demarcated areas, and eradication measures to control these pests.
The Regulation consists of 12 articles and an Annex.
* **Article 1** defines the subject matter of the Regulation: measures to prevent the establishment and spread of *Candidatus Liberibacter africanus*, *Candidatus Liberibacter americanus* and *Candidatus Liberibacter asiaticus* within the Union territory, and measures for their eradication when found present in that territory.
* **Article 2** provides definitions for key terms used in the regulation, including ‘specified pests’, ‘specified plants’, ‘specified vectors’, ‘pest survey card’, and ‘General guidelines for statistically sound and risk-based surveys’.
* **Article 3** mandates annual risk-based surveys for the specified pests and their vectors in areas where they could become established. It details how these surveys should be designed and carried out, including visual examinations, trapping, and sampling.
* **Article 4** requires Member States to include specific procedures in their contingency plans for identifying property owners, notifying plant destruction orders, and accessing private properties.
* **Article 5** outlines the establishment of demarcated areas (infected and buffer zones) when the presence of the specified pests is confirmed.
* **Article 6** provides derogations from the obligation to establish demarcated areas under specific conditions, such as isolated findings where spread is unlikely. It also specifies measures to be taken when a derogation is applied.
* **Article 7** mandates intensive annual surveys within demarcated areas, following specific guidelines for survey design and sampling.
* **Article 8** specifies the conditions under which demarcation can be lifted, requiring at least three consecutive years of non-detection of the specified pests.
* **Article 9** details eradication measures to be taken in the infected zone, including phytosanitary treatments, removal and destruction of infected plants, and sampling and testing. It also addresses measures for production sites with physical isolation.
* **Article 10** sets out measures to prevent the spread of the specified pests, including tracing the origin of outbreaks and restrictions on the movement of specified plants and fruits from demarcated areas.
* **Article 11** requires Member States to report the results of surveys in demarcated areas to the Commission and other Member States annually.
* **Article 12** defines the entry into force and application dates of the Regulation, with specific articles having delayed application dates.
The main provisions of this act that may be the most important for its use are:
* **Article 3:** Requires competent authorities to conduct annual risk-based surveys on specified plants for the presence of specified pests and vectors. The survey design and sampling scheme must align with the “General guidelines for statistically sound and risk-based surveys.”
* **Article 5:** Mandates the establishment of demarcated areas (infected zone and buffer zone) when the presence of specified pests is officially confirmed on specified plants.
* **Article 6:** Allows derogations from establishing demarcated areas under specific conditions, such as isolated findings with no expected spread.
* **Article 9:** Specifies eradication measures in the infected zone, including phytosanitary treatments, removal and destruction of infected plants, and sampling and testing.
* **Article 10:** Sets out measures to prevent the spread of specified pests, including tracing the origin of outbreaks and restrictions on the movement of specified plants and fruits from demarcated areas.
* **Article 11:** Requires Member States to submit the results of surveys in demarcated areas to the Commission and other Member States annually.
Commission Implementing Regulation (EU) 2025/2294 of 10 November 2025 adopting a temporary derogation from the requirements concerning the introduction into the Union territory of fruits of Mangifera L. originating in Mali and amending Implementing Regulation (EU) 2019/2072
This Commission Implementing Regulation (EU) 2025/2294 introduces a temporary derogation concerning the import requirements of mango fruits (Mangifera L.) originating from Mali into the European Union. This regulation is necessary due to the repeated findings of fruit flies (Tephritidae), including the priority pest Bactrocera dorsalis, on mango fruits from Mali. The regulation ensures that these fruits can still be imported, provided they undergo a specific post-harvest treatment to eliminate the risk of fruit fly infestation.
The regulation consists of three articles. Article 1 outlines the derogation from Implementing Regulation (EU) 2019/2072, specifying that mango fruits from Mali can only be imported if they undergo an effective post-harvest treatment against Tephritidae, with details of the treatment method indicated on the phytosanitary certificate. It also requires that the treatment method be communicated in advance to the Commission by Mali’s national plant protection organization. Article 2 amends Annex VII of Implementing Regulation (EU) 2019/2072 to include a reference to this new derogation. Article 3 states the entry into force and application of the regulation, which is valid until December 1, 2030. This allows Mali the opportunity to establish a new, effective systems approach for exporting mangoes to the EU, subject to a Commission audit.
The most important provision of this act is Article 1, which outlines the conditions under which mango fruits from Mali can still be imported into the EU. This includes the mandatory post-harvest treatment to ensure the fruits are free from Tephritidae, proper documentation of the treatment on the phytosanitary certificate, and advance communication of the treatment method to the European Commission. This ensures that while trade continues, strict measures are in place to prevent the introduction and spread of harmful pests within the European Union.
Commission Implementing Regulation (EU) 2025/2291 of 10 November 2025 amending Implementing Regulation (EU) 2022/1629 as regards the list of demarcated areas for containment of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr. in Greece, France and Italy
This is Commission Implementing Regulation (EU) 2025/2291 amending Implementing Regulation (EU) 2022/1629, which concerns measures for the containment of *Ceratocystis platani*, a harmful plant pest. The new regulation updates the list of demarcated areas in Greece, France, and Italy where measures for containing this pest are to be applied, as eradication is no longer feasible in certain regions. This regulation ensures that efforts are focused on containment rather than eradication in areas where the pest is already widespread.
The regulation consists of two articles and an annex. Article 1 stipulates that Annex I of Implementing Regulation (EU) 2022/1629, which lists the demarcated areas for containment, is replaced by the text in the Annex to the new regulation. Article 2 states that the regulation will come into force twenty days after its publication in the Official Journal of the European Union and is binding in its entirety and directly applicable in all Member States. The Annex provides an updated list of demarcated areas for containment in Greece, France, and Italy, specifying both infected and buffer zones, along with their respective administrative or geographic delimitations.
The most important provision of this act is the updated Annex I, which lists the specific regions and municipalities within Greece, France, and Italy where containment measures for *Ceratocystis platani* must be implemented. This includes detailed descriptions of infected zones and surrounding buffer zones, providing clarity to local authorities and stakeholders regarding the geographic scope of the required containment measures.
Commission Regulation (EU) 2025/2311 of 7 November 2025 establishing a fisheries closure for European hake in GFCM geographical subareas 8, 9, 10 and 11 for vessels flying the flag of France
This Commission Regulation (EU) 2025/2311 establishes a fisheries closure for European hake in specific geographical subareas of the General Fisheries Commission for the Mediterranean (GFCM) for vessels flying the flag of France. It prohibits fishing activities targeting European hake in GFCM subareas 8, 9, 10, and 11 because France has exhausted its allocated quota for this stock in 2025. The regulation aims to ensure compliance with fishing quotas and to protect the European hake stock in the Mediterranean Sea.
The regulation consists of three articles and an annex. Article 1 declares the fishing quota allocated to France for European hake in the specified GFCM subareas to be exhausted from the date set out in the Annex. Article 2 outlines the prohibitions, including searching for fish, shooting, setting, or hauling fishing gear for the purpose of fishing that stock. It does, however, allow for transshipping, retaining on board, processing on board, transferring, caging, fattening, and landing of fish caught before the closing date. It also specifies the rules for unintended catches. Article 3 states that the regulation will enter into force on the day following its publication in the Official Journal of the European Union. The annex specifies the Member State (France), the stock (European hake), the zone (GFCM geographical subareas 8, 9, 10 and 11) and the closing date (22 October 2025). There are no direct changes to previous versions, as this is a specific regulation for a particular year and stock.
The most important provision is Article 2, which prohibits fishing for European hake by French vessels in the specified areas after October 22, 2025. However, it is equally important to note the exceptions in Article 2(2) and 2(3) regarding catches taken prior to the closing date and the handling of unintended catches, respectively, as these provide clarity on what activities remain permissible.
Commission Regulation (EU) 2025/2306 of 7 November 2025 establishing a fisheries closure for small-eyed ray in area 7e for vessels flying the flag of France
This Commission Regulation (EU) 2025/2306 establishes a fisheries closure for small-eyed ray in area 7e for vessels flying the flag of France. The regulation is based on the fact that France has exhausted its allocated quota for this fish stock in the specified area for 2025. As a result, the regulation prohibits fishing for small-eyed ray by French vessels in area 7e from a specified date.
The regulation consists of three articles and an annex. Article 1 states that the fishing quota allocated to France for small-eyed ray in area 7e for 2025 is deemed exhausted from the date set out in the Annex. Article 2 outlines the prohibitions, specifically banning fishing activities targeting this stock by French vessels from the date in the Annex, while allowing for the processing and landing of catches taken before that date. It also addresses unintended catches, requiring them to be recorded, landed, and counted against quotas. Article 3 states that the regulation enters into force on the day following its publication in the Official Journal of the European Union. The Annex specifies the closing date for the fishery, which is 22 October 2025.
The most important provision is Article 2, which prohibits fishing for small-eyed ray by vessels flying the flag of or registered in France from 22 October 2025. However, it is important to note the exception in paragraph 2, which allows for transshipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products from that stock caught by those vessels before 22 October 2025.
Judgment of the Court (Grand Chamber) of 11 November 2025.Kingdom of Denmark v European Parliament and Council of the European Union.Action for annulment – Directive (EU) 2022/2041 – Adequate minimum wages in the European Union – Article 153(1)(b) TFEU – Article 153(2)(b) TFEU – Respect for the competences conferred on the Union by the Treaties – Article 153(5) TFEU – Exclusions of competence – ‘Pay’ and ‘right of association’ – Direct interference by EU law in the determination of pay within the European Union and in the right of association – Partial annulment – Article 5(1), in part, (2) and (3) in fine.Case C-19/23.
This is the judgment of the Court of Justice of the European Union (Grand Chamber) in Case C-19/23, concerning an action for annulment brought by the Kingdom of Denmark against Directive (EU) 2022/2041 on adequate minimum wages in the European Union.
The Kingdom of Denmark sought the annulment of the directive in its entirety or, alternatively, the annulment of specific provisions related to the promotion of collective bargaining on wage-setting. The Court partially upheld Denmark’s action, annulling specific provisions of Article 5 of the directive, while dismissing the remainder of the action.
**Structure and Main Provisions:**
The judgment is structured as follows:
* **Legal Context:** Outlines the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), specifically those related to social policy (Articles 151-161 TFEU) and the contested directive.
* **Forms of Order Sought and Procedure:** Details the requests made by the Kingdom of Denmark, the Parliament, and the Council, as well as the parties that intervened in the case.
* **The Action:** Presents the pleas in law raised by Denmark in support of its claims, which include allegations of disregard for Article 153(5) TFEU (exclusions of competence regarding “pay” and “right of association”) and the argument that the directive could not be adopted on the basis of Article 153(1)(b) TFEU alone.
* **Findings of the Court:** The Court examines each plea in law, providing detailed reasoning for its decisions. It considers the purpose and content of the directive, analyzes the specific articles challenged by Denmark, and refers to relevant case law.
* **Costs:** Determines how the costs of the proceedings will be allocated among the parties.
**Main Provisions and Changes:**
The Court found that Article 5(2) of the directive, which mandates that Member States include specific elements when setting and updating statutory minimum wages, amounts to harmonization of some of the constituent elements of those wages and, therefore, direct interference by EU law in the determination of pay within the European Union. Similarly, the Court found that 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 the directive amounts to direct interference by EU law in the determination of pay within the European Union.
**Key Provisions for Use:**
The most important provisions for understanding the judgment are:
* **Article 153(5) TFEU:** This article excludes “pay,” the “right of association,” the “right to strike,” and the “right to impose lock-outs” from the EU’s competence in social policy. The Court’s interpretation of this article is central to the case.
* **Article 5 of Directive (EU) 2022/2041:** This article establishes the procedure for setting adequate statutory minimum wages. The Court’s decision to annul parts of this article has significant implications for how Member States set their minimum wages.
* **The concept of “direct interference by EU law in the determination of pay”:** The Court uses this concept to determine whether the EU legislature has exceeded its competence by infringing on the Member States’ or social partners’ autonomy in setting pay.
