Question juridique clé
Whether the prior prejudicial judgment bound the cantonal appellate court on the applicable law.
Solution extraite
The appellate court could rely on the prejudicial judgment; the defendant's res judicata objection failed.
Motifs extraits
Swiss federal law does not prevent a cantonal court from being bound by a preliminary judgment already rendered in the same proceedings, even if that judgment may not itself have had full res judicata effect. The defendant's reliance on Article 93(3) LTF was misplaced.