What can an individual do in case the national court had a right to refer to the Court of Justice under the article 267 TFEU but did not?

If the court of a member state decides it's necessary,it may ask the ECJ to take a look at the case. If the national court doesn't think the ECJ is needed, there is no problem. So the national court has a right to go to the ECJ.

If the ruling of the national court bears negative consequences for the individual, he or she can't directly appeal to the ECJ. The individual needs to proceed to the highest court of appeal in the particular member state before going to the ECJ.