Key legal question
Whether the subsidiary constitutional appeal was admissible despite containing only cassatory and remittal conclusions.
Extracted holding
No. A subsidiary constitutional appeal must, as a rule, include merits conclusions; the requested annulment and remittal were inadmissible here because the Federal Tribunal could have decided the merits itself by rejecting the wage claim if the appeal succeeded.
Extracted reasoning
Under Art. 42 and 117 LTF, read with Art. 107(1) LTF, the remedy is reformative. An exception to the requirement of merits conclusions exists only when the Federal Tribunal could not itself decide the case due to an insufficient factual record. That exception did not apply.