Facts
The plaintiff, B., worked for Swissair, then for Gate Gourmet Genève SA, after the latter took over the "catering" activities of Swissair. In 1998, Gate Gourmet Genève SA offered B. early retirement, with pre-retirement benefits, which B. accepted. The benefits were paid regularly until 2001, when SAirGroup, the parent company of Gate Gourmet, informed the pre-retirees that it could no longer pay the benefits due to its composition with creditors. B. then claimed from Gate Gourmet the payment of the unpaid benefits.
The Court of Appeal of the labor court jurisdiction condemned Gate Gourmet to pay B. the unpaid benefits, as well as interest. Gate Gourmet appealed to the Federal Tribunal, arguing that the parent company, SAirGroup, was the sole debtor of the pre-retirement benefits.
Considerations
The Federal Tribunal rejected Gate Gourmet's appeal. It considered that the defendant, Gate Gourmet, had entered into an agreement with the plaintiff, B., regarding early retirement and pre-retirement benefits, and that this agreement had to be interpreted in a way to determine the common and real intention of the parties.
The Federal Tribunal applied the principle of trust to interpret the agreement, taking into account the text of the agreement, the circumstances of its conclusion, and the real will of the parties. It considered that the defendant had promised the plaintiff that the pre-retirement benefits would be paid, and that this promise constituted a surety, governed by art. 111 CO.
The Federal Tribunal also considered that the defendant could…