Questione giuridica chiave
Whether Swissport had passive standing or whether SAirGroup alone was liable for the promised early-retirement benefits.
Decisione estratta
Swissport was properly treated as a debtor because the 31 August 1998 letter, read objectively, bound Swissport itself; any additional responsibility of SAirGroup did not release Swissport.
Motivazione estratta
The letter was issued in Swissport's name, on Swissport letterhead, repeatedly stated that Swissport would pay the benefits, and referred to Swissport's social plan. A group-internal financing arrangement does not alter the contractual debtor's obligation toward the employee.