Question juridique clé
Whether the Federal Tribunal could award additional moral damages when the lower court had held the corresponding claims inadmissible as late.
Solution extraite
No. The Federal Tribunal could only review the admissibility of the late claims below, not decide the moral-damages claim on the merits.
Motifs extraits
The moral-damages claims were not examined on the merits by the lower court because they were first formulated in the supplementary brief after the statutory appeal deadline. The Federal Tribunal cannot act as the first and only instance on claims not decided below.