Questão jurídica principal
Whether the public-law appeal was admissible despite the lack of further cantonal review of the remand judgment.
Decisão extraída
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.
Fundamentação extraída
The Federal Court relied on the futility exception to the exhaustion requirement under Art. 86 OJ.