Key legal question
Whether the complaint could challenge the scope and binding effect of the prior remand judgment of 12 December 2007.
Extracted holding
The earlier remand was not a final decision on the margin-taxation issue; however, the Federal Administrative Court and the ESTV were bound by the reasoning already given.
Extracted reasoning
A remand is treated as a final decision only when no discretion remains and the lower authority merely implements a mathematical calculation. That was not the case here, because the remand was for recalculation of the input tax deduction in accordance with the reasoning.