Questão jurídica principal
Whether the Federal Supreme Court may enter into an appeal directed only against the cantonal cost award contained in an incidental remand decision.
Decisão extraída
No. The challenged judgment is an incidental decision; the cost ruling attached to it does not create irreparable harm, and the appeal is therefore inadmissible.
Fundamentação extraída
A remand decision does not finally terminate the insurance dispute. Under the case law, an accessory costs order in an incidental decision shares the procedural nature of the main decision and cannot be separately challenged absent admissibility under Arts. 92 or 93 LTF. Here, the main remand decision was not attacked on the merits.