Question juridique clé
Whether the EVD could appeal the Federal Administrative Court's remand decision
Solution extraite
The remand decision was an appealable interim decision for the EVD, so the Federal Supreme Court entered into the appeal.
Motifs extraits
Although remand decisions are generally interim decisions, a remand may cause an irreparable legal disadvantage. This must apply to the EVD because the subordinate BBT itself lacks standing before the Federal Supreme Court; otherwise the legal questions could escape review.