Questão jurídica principal
Whether the earlier Geneva judgment of 8 September 2004 had res judicata effect.
Decisão extraída
Yes. Although labelled inadmissible, the earlier judgment was in substance a judgment on the merits because it rejected the claim for insufficient substantiation of the pleaded damage.
Fundamentação extraída
The two proceedings involved the same parties, same facts, and same legal bases; the substance of the earlier decision showed the court had ruled on the merits, and the dispositive label was not decisive.