Kernrechtsfrage
Whether the Federal Criminal Court had jurisdiction over the appeal against the EStV's final decision on fiscal assistance to the USA.
Extrahierter Entscheid
No. Such cases fall under international administrative assistance, so the Federal Criminal Court lacked jurisdiction; the Federal Administrative Court is the competent judicial instance.
Extrahierte Begründung
The decisive criterion is the applicable legal basis. Because the request was based on the DTA with the USA and the UBS assistance agreement, the matter was administrative assistance, not mutual legal assistance in criminal matters. The legislature assigned final judicial review in administrative assistance to the Federal Administrative Court.