Dismissal of the Pilot's Collocation Claim against Swissair in Bankruptcy Liquidation

Facts

The appellant [X.] entered into an employment relationship with Swissair as a pilot on 1 January 1993. On 15 March 2002, Swissair terminated [X.] 's employment "due to the cessation of flight operations as of 31 March" with effect from 30 June 2002 and released him from work as of 31 March 2002. On 22 May 2003, Swissair's composition agreement was confirmed. The liquidator recognized claims for wages and pension fund contributions up to the end of September 2002 in the first class, but rejected claims beyond that. [X.] filed a collocation claim against Swissair in bankruptcy liquidation and demanded the collocation of further wage and pension fund contributions until the end of June 2006 or a severance payment. The District Court and the High Court dismissed the claim.

Considerations

The Federal Supreme Court confirmed the decisions of the lower courts. It held that Art. 333 CO is generally applicable in the transfer of Swissair's flight operations to Swiss during the composition moratorium. Accordingly, the appellant's employment relationship was transferred to Swiss on 31 March 2002. Pursuant to Art. 333 para. 3…