Question juridique clé
Whether the refusal to substitute a non-lieu for the classing order could be challenged by an order compelling the cantonal authority to grant a non-lieu.
Solution extraite
A mere annulment would have been sufficient; a mandatory injunction to pronounce a non-lieu was inadmissible.
Motifs extraits
In public-law appeal, the Federal Court applies the cassatory principle unless an annulment cannot restore constitutional compliance. Here, a remittal would allow the cantonal authority to decide again, so no positive injunction was justified.