Benoît,
I read the text and it is quite coherent with what you say in your post #42.

Maybe I am retarded a bit but I don't find this coherent with the sentence which was linked. If the consent is necessary in any case for a picture of a person in a public place not belonging to a newsworthy event, then why three degree of judgement, why the talk in the motivation of the sentence about the embarrassment and the prejudice, and about being able to contact the person?

One would infer that without prejudice and without the possibility to contact the person the publisher would have won, and that would not be coherent with the text by the photographer IMO.