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 News
Latest Events
legal updates October 08, 2026 The Commercial Payments Bill: Practical Implications for Commercial Contrac... legal updates October 07, 2026 EU: Proposed KIDS Act Targets Online Child Safety legal updates October 07, 2026 Commercially Connected Shorts - 7 October 2026 guides and reports October 07, 2026 Technology, AI and the changing legal landscape of M&A firm news October 07, 2026 Faster deals, deeper diligence: AI is transforming the legal landscape of M... firm news October 05, 2026 Leading finance partner joins Eversheds Sutherland firm news October 01, 2026 Eversheds Sutherland Switzerland appoints Dr. Michael Faske as new Partner firm news October 01, 2026 Eversheds Sutherland Switzerland appoints Dr. Markus Wyssling as a new Part... virtual Immigration UK – Right to work and compliance masterclass October 15, 2026 9.30am - 12.30pm (GMT) Virtual virtual German employment law training October 20, 2026 2pm - 5pm (GMT) Virtual in-person Case Study & Apéro October 28, 2026 17:00 - 18:45 Bern, Switzerland virtual French employment law training November 03, 2026 2pm - 5pm (GMT) Virtual |