Key legal question
Whether the appeal against the refusal of interim measures was admissible despite being directed at a interlocutory decision.
Extracted holding
The appeal was inadmissible because no irreparable harm was shown.
Extracted reasoning
The contested ruling was an interlocutory decision under Art. 93(1) BGG. The alleged harm was not irreversible since any success on the merits would lead to retroactive approval of the tariffs from 1 January 2007.