Questione giuridica chiave
Whether the public-law appeal was admissible despite the lack of further cantonal review of the remand judgment.
Decisione estratta
Yes. Where the final lower-court decision is based on an appellate remand ruling that already predetermined the outcome, a further cantonal appeal would be futile and need not be exhausted.
Motivazione estratta
The Federal Court relied on the futility exception to the exhaustion requirement under Art. 86 OJ.