Termination and Delivery: Be careful with registered letters delivered by post box insertion
Federal Labour Court (BAG), judgement of 7 May 2026 – 2 AZR 184/25
June 29, 2026
Termination and Delivery: Be careful with registered letters delivered by post box insertionFederal Labour Court (BAG), judgement of 7 May 2026 – 2 AZR 184/25June 29, 2026 Federal Labour Court (BAG), judgement of 7 May 2026 – 2 AZR 184/25It has always been the case that the utmost care should be taken when serving important letters, as proof of receipt may be required in court in the event of a dispute. However, a recent ruling by the Federal Labour Court will now have far-reaching implications in this regard, not only in employment law: In its judgement of 7 May 2026, the Federal Labour Court ruled that a registered letter posted in a post box no longer provides reliable proof of a letter’s receipt. Prior to issuing a notice of termination, an employer had invited the employee to a workplace integration management (BEM) meeting by registered post with proof of posting. As the employee did not respond, the notice of termination was issued. During the proceedings, however, the employee disputed having received the invitation – successfully: the notice of termination was declared invalid due to a lack of verifiable proof of receipt. The ruling confirms the trend in recent case law: prima facie evidence of receipt can no longer be readily established in the case of a registered letter delivered by letterbox insertion. Nor is digital proof of delivery sufficient to provide legally reliable evidence of actual receipt. The background to this is, in particular, the postal service’s switch to a digital scanning system, which typically does not allow for a sufficiently reliable conclusion regarding the specific posting. A proof of posting and tracking information ultimately only document dispatch, but not receipt within the meaning of Section 130 of the German Civil Code (BGB). Although the ruling was handed down in the context of employment law, it can be applied to other areas: the general principles of civil law governing the receipt of declarations of intent are decisive, meaning that comparable risks exist in tenancy law in particular – for example, in the case of notices of termination, rent increases or the setting of deadlines. Conclusion: Anyone who is legally dependent on the receipt of a letter runs a considerable risk when using registered post with proof of posting.In practice, therefore, alternative methods of service should be considered, such as via a bailiff, courier or even in person. Which method is appropriate in each individual case depends heavily on the specific circumstances – we are happy to advise you on this. Guide to the secure delivery of notices of termination
Latest Insights
Latest NewsLatest Events
firm news October 20, 2026 Eversheds Sutherland expands global disputes platform deal alerts October 16, 2026 Eversheds Sutherland advised Dtech on Hong Kong IPO client news October 14, 2026 Eversheds Sutherland advises on the acquisition of The Lake Como EDITION client news October 13, 2026 Eversheds Sutherland advises Clara Trustee on trio of UK superfund transact... hybrid Europe Action Week 2026 Europe Action Week returns this November with a dynamic mix of events designed to help you navigate what’s next. virtual French employment law training November 03, 2026 2pm - 5pm (GMT) Virtual virtual Dutch employment law training November 10, 2026 2.00pm - 5.00pm (GMT) Virtual virtual Strategic absence management November 11, 2026 9.30am - 12.30pm (GMT) Virtual |