Questão jurídica principal
Whether ASTRA's request for a medical fitness examination was admissible despite being a new request on appeal
Decisão extraída
The request was not barred in this case because the federal authority acted in the public interest and was not required to have participated below.
Fundamentação extraída
Although the request was broader than the cantonal decision and would normally count as a new request, Article 99(2) BGG did not apply here given ASTRA's public-law role and the special rules on federal authority appeals.