224The Court must therefore consider this complaint by examining whether, in the present case, the Commission observed the procedural safeguards arising from the general principles of European Union law and from the ECHR. Regard must also be had to Article 47(1) and (2) and Article 48(2) of the Charter of Fundamental Rights of the European Union, proclaimed at Nice on 7 December 2000 (OJ 2000 C 364, p. 1), which, even though it did not have binding legal effects comparable to those of primary law at the time when the contested decision was adopted, shed light, as a material legal source, on the fundamental rights which are guaranteed by European Union law (Case C-540/03 Parliament v Council [2006] ECR I-5769, paragraph 38, and Case C-432/05 Unibet [2007] ECR I-2271, paragraph 37).
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