Questão jurídica principal
Whether Gate Gourmet had passive standing for the unpaid early-retirement benefits
Decisão extraída
Yes. Gate Gourmet concluded the retirement agreement in its own name and was bound to pay the promised benefits, even if part of the performance was to be provided by another group company.
Fundamentação extraída
The employee’s cocontracting party was Gate Gourmet, not Swissair/SAirGroup. The letter of 4 July 1996 was an offer to modify the employment relationship and was properly understood as a binding promise; at most, it included a promise of a third party’s performance under Art. 111 CO, which does not prevent direct action against the promisor.