# Letter from the European Ombudsman to the Council of the European Union on the European Ombudsman’s recommendation in the case 1834/2022/NH 
- Author: European Ombudsman
- Date: 2023-05-15T00:00+02:00[Europe/Paris]
- [URL](https://www.ombudsman.europa.eu/en/doc/correspondence/en/169794)
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| Secretary-General 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[\[1\]](#_ftn1){#_ftnref1} 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

[\[1\]](#_ftnref1){#_ftn1} 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*."