Key legal question
Whether the federal appeal contained a legally sufficient request under the OG
Extracted holding
No. The appellant sought only annulment and remittal, without a proper substantive request and without showing why remittal was unavoidable.
Extracted reasoning
Under Art. 55(1)(b) OG, a material request is generally required. A mere remittal request is exceptional only if the Federal Court cannot decide itself because decisive facts are missing. That exception was not demonstrated, and the appellant did not raise a substantiated factual challenge under Art. 64 OG.