Questão jurídica principal
Whether the appeal against the separate interim liability decision was admissible under Art. 93 BGG
Decisão extraída
The decision was not immediately appealable because a prompt final judgment by the Federal Supreme Court was not possible; the case would have to be remanded for unresolved factual findings on the driver's fault.
Fundamentação extraída
The lower court had not decided all prerequisites for exemption from liability under Art. 59 SVG, especially the driver's fault. If the appellant were right on the alleged gross self- or third-party fault, the Federal Supreme Court still could not finally decide without further findings.