Key legal question
Whether the appeal against the Federal Administrative Court’s remand judgment is admissible as a final or incidental decision.
Extracted holding
The challenged judgment is an incidental remand decision because the lower authority still has discretion to investigate the decisive date and then decide again.
Extracted reasoning
A remand is a final decision only if no discretion remains and the lower authority merely executes a mathematical or mechanical instruction. That was not the case here.