Questione giuridica chiave
Whether the appeal against the incident decision on res judicata was admissible under Art. 93 LTF
Decisione estratta
The appeal was admissible because upholding the res judicata objection would have led immediately to a final decision and avoided expensive evidence-taking.
Motivazione estratta
The challenged ruling was incidental, but the condition of Art. 93(1)(b) LTF was met because acceptance would have ended the merits action and the underlying access dispute typically requires complex expert evidence.