33However, it must be borne in mind that the definition of a position, within the meaning of the second paragraph of Article 265 TFEU, must set out clearly and definitively the position of the institution concerned on the appellant’s call to act and that the classification of that institution’s response to that call to act as a ‘definition of position’ putting an end to the alleged failure to act is a question of law which may be raised on appeal (see, to that effect, order of 16 June 2020, CJ v Court of Justice of the European Union, C‑634/19 P, not published, EU:C:2020:474, paragraphs 29 and 31 and the case-law cited).
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