Questione giuridica chiave
Whether Swiss International Air Lines SA had passive standing for claims arising from the early-retirement plan under Art. 333 CO.
Decisione estratta
No. Because the employee's employment relationship had already ended when she entered early retirement, no employment contract was transferred to Swiss, so related obligations did not pass.
Motivazione estratta
Art. 333 CO transfers only existing employment relationships. Early retirement extinguished the employment relationship; the claimant was no longer a worker but a pensioned beneficiary. Therefore the alleged successor was not the debtor of the claimed benefits.