Questione giuridica chiave
Whether the employer lacked passive standing because SAirGroup was the only debtor of the pre-retirement benefits
Decisione estratta
No. The employer remained the contractual counterparty; the employee could sue it alone for full performance, regardless of any concordat proceedings concerning SAirGroup.
Motivazione estratta
A creditor may demand full performance from any solidary debtor. SAirGroup's concordat could not limit the employee's choice of debtor, and the future amount recoverable in the concordat was irrelevant to this action.