Questão jurídica principal
Admissibility of the public-law appeal against the cantonal remand judgment
Decisão extraída
The appeal was inadmissible because the challenged judgment was incidental and the insurer showed neither irreparable prejudice nor the cumulative requirements for immediate review under Art. 93(1)(b) LTF.
Fundamentação extraída
The cantonal judgment did not end the proceedings. It was not a decision on jurisdiction or recusal, and the insurer did not allege irreparable harm. The Federal Court could not itself put an end to the case by deciding the merits, since it would have to remit the matter to the cantonal court for a merits decision first.