Questione giuridica chiave
Whether the subsidiary constitutional appeal was admissible despite containing only cassatory and remittal requests.
Decisione estratta
No. A subsidiary constitutional appeal is a reformative remedy and requires conclusions on the merits unless the Federal Supreme Court could not itself decide the merits.
Motivazione estratta
Under Art. 42(1), 117 and 107(1) LTF, the appellant had to seek a concrete substantive outcome. Here, the Court could have ruled on the merits if the appeal were admissible, so the request for annulment and remand was insufficient.