Questão jurídica principal
Whether the federal public law appeal was admissible against the cantonal remand judgment.
Decisão extraída
The remand judgment was an incidental decision, not a final one, because the authority below retained significant discretion; no irreparable harm was shown.
Fundamentação extraída
Under Art. 87 OJ, an incidental decision is only immediately appealable if it concerns competence/recusal or if it causes irreparable harm. A remand decision is normally incidental unless it merely requires execution without appreciable discretion. Here the lower authority had to investigate essential facts and make a new decision, so the appeal was premature.