Question juridique clé
Whether the appellant was passively legitimated for the moral damages claim despite arguing contractual liability was exclusive.
Solution extraite
The appellant could be sued directly; the court saw no bar to liability under the invoked civil tort basis and noted possible attribution through employee or organ liability.
Motifs extraits
The court held that the respondent could choose among jointly liable persons. The appellant did not show why it would not be liable under employer liability or organ liability, and its new arguments were inadequately reasoned.