Questione giuridica chiave
Whether Gate Gourmet Switzerland Sàrl had passive standing for the claimed pre-retirement benefits
Decisione estratta
Yes. The company was the employee's contractual counterparty and could be sued for the promised benefits.
Motivazione estratta
The later employment arrangement and retirement letter showed that the defendant, not SAirGroup, contracted with the employee. The promises were interpreted as a porte-fort under Art. 111 CO, not a debt assumption.