Questione giuridica chiave
Whether the public-law appeal was admissible against an incidental decision on competence and whether the request for a declaration of nullity could be examined.
Decisione estratta
The appeal was admissible only as to the incidental competence decision, but the request for a declaration of nullity was inadmissible because the remedy is in principle cassatory and the issue was theoretical.
Motivazione estratta
A decision on competence may be directly challenged, but a public-law appeal normally only seeks annulment. Since the authority competence issue was no longer disputed and annulment was sufficient to protect the appellant's interests, nullity was not examined.