29The situation on which that case-law is based does not correspond to that here at issue in the main proceedings. The recipient of the aid at issue in the main proceedings — which brought, within the period laid down in the sixth paragraph of Article 263 TFEU, an action for annulment of Decision 2011/346 before the General Court, which resulted in the judgment in Banco Privado Português and Massa Insolvente do Banco Privado Português v Commission (EU:T:2014:1077) — cannot be regarded as seeking to circumvent the definitive nature of that decision on the ground that it is contesting the validity of that decision before the referring court.
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