Questão jurídica principal
Whether the appeal against the Federal Administrative Court's interim recusal order in mutual assistance proceedings was admissible before the Federal Supreme Court.
Decisão extraída
The appeal was inadmissible because the challenged decision concerned mutual assistance, where such interim or final decisions of the Federal Administrative Court are not appealable to the Federal Supreme Court under Art. 83 lit. h BGG; the appeal was therefore manifestly inadmissible.
Fundamentação extraída
The Court held that an obvious general ground of inadmissibility must be dealt with under Art. 108 BGG, without first examining Art. 109 BGG. Since the subject was an interim decision on recusal in an administrative mutual-assistance matter, it was not an admissible object of appeal.