Key legal question
Whether the appeal in public law matters was admissible against the Federal Administrative Court’s cost award in a subsidy case with no statutory entitlement.
Extracted holding
The appeal was inadmissible because the underlying matter concerned a non-entitlement subsidy, excluded by Art. 83 lit. k BGG, and the appellants failed to show otherwise.
Extracted reasoning
The exclusion from appeal applies even when only a remand or cost decision is challenged, due to the unity of proceedings; the appellants had to demonstrate an enforceable entitlement to the subsidy, which they did not.