Judgment_paragraph 32 · Schindler Holding Ltd and Others v European Commission (C-501/11 P)

32Furthermore, whilst, as Article 6(3) TEU confirms, fundamental rights recognised by the ECHR constitute general principles of the European Union’s law and whilst Article 52(3) of the Charter requires rights contained in the Charter which correspond to rights guaranteed by the ECHR to be given the same meaning and scope as those laid down by the ECHR, the latter does not constitute, as long as the European Union has not acceded to it, a legal instrument which has been formally incorporated into European Union law (see Case C-571/10 Kamberaj [2012] ECR, paragraph 62, and Case C-617/10 Åkerberg Fransson [2013] ECR, paragraph 44).