47As regards the Council’s argument, it should be borne in mind that, according to the settled case-law of the Court, the partial annulment of an EU act is possible only in so far as the elements whose annulment is sought may be severed from the remainder of the act. That requirement is not satisfied where the partial annulment of an act would have the effect of altering its substance. Review of whether the contested provisions are severable requires consideration of their scope, in order to be able to assess whether their annulment would alter the spirit and substance of the act at issue (judgments of 16 July 2015, Commission v Council, C‑425/13, EU:C:2015:483, paragraph 94 and the case-law cited, and of 9 November 2017, SolarWorld v Council, C‑205/16 P, EU:C:2017:840, paragraphs 38 and 39 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.