(1) The Federal Court of Justice shall decide by decree.
(2) If the appeal on points of law is inadmissible, the Federal Court of Justice shall dismiss the appeal on points of law.
(3) If the appeal on points of law is unfounded, the Federal Court of Justice shall reject the appeal on points of law.
(4) If the appeal on points of law is well-founded, the Federal Court of Justice may
1. decide itself on the merits of the case in accordance with Section 76(2) to (5),
2. repeal the decision that is being appealed and remit the case for further proceedings and a renewed decision.
The Federal Court of Justice shall remit the legal dispute if the third party admitted to the appeal proceedings on points of law in accordance with Section 142(1) sentence 2 in conjunction with Section 65(2) of the German Code of Administrative Procedure has a legitimate interest in such remittal.
(5) If the statement of reasons for the decision on the appeal establishes that rights have been violated, but the decision on the appeal itself proves to be accurate on other grounds, the appeal on points of law shall be dismissed.
(6) Following a remittal, the appellate court shall base its decision on the legal assessment of the Federal Court of Justice.
(7) The decree shall contain a statement of reasons and be served upon the parties.