Question juridique clé
Whether the federal appeal was admissible against an appellate judgment that finally dismissed the main claim but remanded the counterclaim.
Solution extraite
No; the cantonal judgment was not a final decision under Art. 48 OG, and no exception for immediate review applied.
Motifs extraits
A judgment resolving only the claim while remanding the counterclaim is a non-final interlocutory decision. The claim was not prejudicial to the counterclaim, and the appellant did not show grounds for treating the decision as separately appealable.