In case C-617/10 Fransson, the European Commission argued that the Charter was not applicable, hence the reference for preliminary ruling was not admissible. As already mentioned, this view was not entertained by the judges. It would be interesting to see how the Commission’s position has changed following the controversial decision of the Grand Chamber in this case. Time will tell whether the European Commission received this judgment of the Court of Justice as a welcome gift. For the time being, the proverbial one million euro question is whether it will actually change the Commission’s early trepidation about invoking the Charter.
(Decoding a Legal Enigma: the Charter of Fundamental Rights of the European Union and the infringement proceedings, ERA Forum, ed. Springer, 2013, la p. 586)