Questione giuridica chiave
Whether the 9 January 2003 Zurich judgment could serve as a title for definitive legal opening
Decisione estratta
No. As a partial judgment, it was not yet enforceable because it remained susceptible to later joint challenge together with the final judgment on the remaining claims.
Motivazione estratta
Under the former OG and the transitional rules, the partial judgment could still be attacked together with the later full judgment; until that time, it was neither final nor enforceable. The BGG did not cure this transitional gap, so the old rule that such a judgment is not enforceable before expiry of the appeal period applied by analogy.