Questione giuridica chiave
Whether the subsidiary constitutional complaint was admissible despite the absence of a claim on the merits.
Decisione estratta
The complaint was formally admissible in principle, because a remand request sufficed where the Federal Supreme Court would have had to remit for missing factual findings if the complaint were upheld.
Motivazione estratta
The judgment confirmed that a purely remand request can satisfy Art. 42(1) BGG in a subsidiary constitutional complaint when the alleged constitutional defect concerns an omitted factual finding that would require remittal.