Judgment_paragraph 35 · GQ and Others v European Commission (T-525/16)

35With regard to the claim that the Court should declare Article 45 of the new Staff Regulations and the corresponding transitional provisions unlawful, it should be borne in mind that, while it is true that, in the context of a claim for annulment of a decision of individual application concerning an official or other member of staff, that official or other member of staff may, under Article 277 TFEU, invoke the unlawfulness of an act of general application on the basis of which that decision was adopted. Only the Courts of the European Union are entitled, under the terms of Article 277 TFEU, to rule that an act of general application is unlawful and to draw the consequences of the inapplicability which results from this with regard to the act of individual scope contested before them (judgment of 27 October 2016, ECB v Cerafogli, T‑787/14 P, EU:T:2016:633, paragraph 49).