Key legal question
Whether the federal reform appeal was admissible against the cantonal decision on res judicata
Extracted holding
The challenged ruling was an incidental decision, not a final decision, and an immediate reform appeal was admissible only under the strict conditions of Art. 50 OJ.
Extracted reasoning
The cantonal decision did not end the proceedings because the damages claim remained pending. It was not a competence decision, but only partially rejected the objection of res judicata.