Question juridique clé
Whether the appeal against the remand decision was admissible under Article 93 BGG
Solution extraite
The remand decision was an interlocutory decision; none of the exceptions for immediate appeal was met except as to the legal question on Article 21 UVG, which was examined first because it could create irreparable prejudice for AXA.
Motifs extraits
A remand for further medical clarification normally causes no irreparable legal harm and does not save major evidentiary effort. The court therefore refused entry on the challenge to the remand instructions.