Kernrechtsfrage
Whether the Commune of Lausanne had passive standing under Art. 679 CC for damage caused by the superficies holder.
Extrahierter Entscheid
No. Once the right of superficies was constituted and entered, the superficies holder alone exercised the relevant factual control; the bare owner did not contribute to the excessive use causing the damage.
Extrahierte Begründung
The owner of the base land had no factual control over the way the superficies holder exercised its right. Mere economic interest, contractual safeguards, or reserved contractual oversight rights did not suffice.