46It should be recalled, first, that the Community is based on the rule of law, inasmuch as neither its Member States nor its institutions can avoid review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the EC Treaty, which established a complete system of legal remedies and procedures designed to enable the Court of Justice to review the legality of measures adopted by the institutions (see Commission v EIB, paragraph 42 above, paragraph 75 and the case-law cited). That is also consistent with the objective pursued by Article 47 of the Charter of Fundamental Rights of the European Union, proclaimed on 7 December 2000 in Nice (OJ 2000 C 364, p. 1) (‘the Charter’), which, although it did not have legally binding force until the entry into force of the Treaty of Lisbon on 1 December 2009, does show the importance of the rights it sets out in the Community legal order (Joined Cases T-377/00, T-379/00, T-380/00, T-260/01 and T-272/01 Philip Morris International and Others v Commission [2003] ECR II-1, paragraph 122). Under that provision, any person whose rights and freedoms guaranteed by Community law are infringed has the right to an effective remedy and to a fair trial. Although it is not a Community institution, the EIB is none the less a Community body established and endowed with legal personality by the EC Treaty, and it is on that account that it is subject to judicial review by the Court of Justice, in particular as provided for in Article 237(b) EC (see Commission v EIB, paragraph 42 above, paragraph 75 and the case-law cited).
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