Questão jurídica principal
Whether the appeal against the independently appealable remand decision was admissible under Art. 93 BGG
Decisão extraída
The appeal was inadmissible because the appellant failed to show any ground under Art. 93(1) BGG, and none was otherwise apparent.
Fundamentação extraída
A remand decision is an interim decision. The appellant did not demonstrate irreparable harm or that immediate admission would bring about a final decision and avoid extensive evidence. Further fact-finding on justification or excuse grounds does not create irreparable harm, and the evidentiary burden was not shown to be extensive.