So if any action was to take place against a company, it would be with the pilot and cabin crews employer, which is OSM UK or OSM Spain, not Norwegian.
The Spanish Unions are arguing that the crews "effectively worked for Norwegian" and therefore were protected by the ERTE laws, either way, there maybe a glimmer of hope
“(The new law) is a more efficient tool to ... sort out what parts of a business can be strong enough to survive,” Justice Minster Monica Maeland told parliament.
In other words, dump the LH operation, cull the non-profit making SH routes, retrench and build a solid base. As the aviation world will scrabble for revenues you will probably find a "gentleman agreement" in place on routes with heavy competition to give everyone a chance to drink from the pool. Code-share-R-US