Questão jurídica principal
Whether the EVD could appeal the Federal Administrative Court's remand decision
Decisão extraída
The remand decision was an appealable interim decision for the EVD, so the Federal Supreme Court entered into the appeal.
Fundamentação extraída
Although remand decisions are generally interim decisions, a remand may cause an irreparable legal disadvantage. This must apply to the EVD because the subordinate BBT itself lacks standing before the Federal Supreme Court; otherwise the legal questions could escape review.