Questione giuridica chiave
Whether SR Technics lacked passive standing because SAirGroup was the only debtor of the social-plan benefits.
Decisione estratta
No. The successor employer could be sued alone for the claimed benefits.
Motivazione estratta
Under Art. 333 CO, the creditor may choose among solidary debtors; SAirGroup's concordat did not release SR Technics. The amount recoverable in the concordat was irrelevant and not a proper subject of proof.