The importance of the Charter of Fundamental Rights has grown considerably since it became binding on 1 December 2009. As expected, the Court of Justice of the European Union is proving to be quite instrumental in unlocking the Charter’s meaning and potential. To date the Charter has been referred to by the judges at the Kirchberg in over 150 judgments and has even been used as a yardstick for the ver- ification of the legality of secondary legislation. Interestingly enough, the European Commission has not employed the Charter in infringement proceedings despite the careful attention it pays to it in political debate. This article aims to explore whether the Charter of Fundamental Rights can be used in actions based on Articles 258 and 260 TFEU and, if so, why the European Commission has so far not used this opportunity.