Kernrechtsfrage
Whether the subsidiary constitutional complaint was admissible without a substantive request
Extrahierter Entscheid
The complaint was inadmissible because the appellant sought only annulment and remittal, without stating what substantive modification he wanted.
Extrahierte Begründung
Under Art. 42(1) BGG and the reformatory nature of the subsidiary constitutional complaint under Art. 117 in connection with Art. 107(2) BGG, the appellant must in principle make a substantive request. A mere request to annul and remand is sufficient only exceptionally, when the Federal Supreme Court could not decide the merits itself because necessary factual findings are missing. That exception was neither apparent from the decision below nor substantiated.