Key legal question
Whether the public law appeal against the refusal to lift the seizure was admissible
Extracted holding
Yes, because the refusal to lift a criminal seizure is an incidental decision causing irreparable harm by temporarily depriving the holder of the free use of the seized goods.
Extracted reasoning
The seizure decision was incident in nature, but the temporary deprivation of disposal over the seized hemp created irreparable damage under Art. 87(2) OJ.