Question juridique clé
Whether Swiss International Air Lines SA had passive standing for the claimed pre-retirement benefits under Art. 333 CO
Solution extraite
No. Because the claimant had already been placed in early retirement before any possible business transfer, her employment relationship had ended and no employment obligations passed to Swiss.
Motifs extraits
Art. 333 CO transfers only existing employment relationships. Early retirement extinguished the employment contract; the post-employment pension-like benefits were not transferable employment debts.