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Letter from the European Ombudsman to the Council of the European Union on the European Ombudsman’s recommendation in the case 1834/2022/NH


Council of the European Union


Dear Ms X,

I refer to my letter of 4 April 2023, in which I informed you of my recommendation in the above case concerning how the Council of the European Union handled a request for public access to the legal opinion on the proposed EU directive on adequate minimum wages (your reference: 12/c/01/21).

During my inquiry, Denmark brought an action for annulment of Directive (EU) 2022/2041 on adequate minimum wages before the Court of Justice of the EU (case C-19/23). As such, the statement in footnote 20[1] of my recommendation should be disregarded.

While I apologise for this oversight, my assessment on the application of Article 4(2), second indent, of Regulation 1049/2001, at the time of the adoption of the confirmatory decision in this case, is not affected. The recommendation stands.

Please note that this letter will be published, and that I will inform the complainant accordingly.

Yours sincerely,

Emily O'Reilly
European Ombudsman

Strasbourg, 15/05/2023


[1] Footnote 20 in my recommendation states that “The validity of the legislative act was not challenged by direct actions before the EU courts in the time frame allowing for such actions.”