Questione giuridica chiave
Whether the earlier Geneva judgment of 8 September 2004 had res judicata effect.
Decisione estratta
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.
Motivazione estratta
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.