Questione giuridica chiave
Whether Swiss International Air Lines was passively legitimated for claims to pre-retirement benefits under Art. 333 CO.
Decisione estratta
No. The employment relationship had ended before any possible transfer, so no employment rights or social plan debts passed to Swiss.
Motivazione estratta
Art. 333 CO transfers only existing employment relationships at the time of transfer. The claimant had been placed in early retirement years earlier, which extinguished the employment relationship and left only a post-employment claim to benefits, not a transferable employment contract.