43Thus, the possibility afforded by Article 277 TFEU of pleading the inapplicability of a rule or act of general application forming the legal basis of the contested implementing act does not constitute an independent right of action and recourse may be had to it only as an incidental plea. Article 277 TFEU may not be invoked in the absence of an independent right of action (judgments of 16 July 1981 in Albini v Council and Commission, 33/80, EU:C:1981:186, paragraph 17 and of 22 October 1996 in CSF and CSME v Commission, T‑154/94, EU:T:1996:152, paragraph 16; see, to that effect, judgment of 11 July 1985 in Salerno and Others v Commission and Council, 87/77, 130/77, 22/83, 9/84 and 10/84, EU:C:1985:318, paragraph 36).
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