Questão jurídica principal
Whether the Federal Supreme Court could hear an immediate appeal against the cantonal remand decision on state liability and damages.
Decisão extraída
Yes. The decision was incidental, but immediate appeal was admissible because reversal could end the case and the remaining evidence on damage could be lengthy and costly.
Fundamentação extraída
The court applied Art. 93 LTF: no irreparable prejudice under letter a, but letter b was met due to possible complex medical evidence, passage of time, and foreign witnesses.