Questão jurídica principal
Whether Swiss had passive standing for claims to pre-retirement benefits under Art. 333 CO.
Decisão extraída
No. The employee had already been placed into early retirement before any possible business transfer to Swiss, so the employment relationship had ended and the social-plan obligations did not pass.
Fundamentação extraída
Only existing employment relationships transfer under Art. 333 CO. Early retirement extinguished the employment contract; the claimant was no longer an employee, but a beneficiary of post-employment pre-retirement prestations. Therefore Swiss did not assume the debts linked to the social plan.