German Federal Labour Court limits proof of registered mail delivery

The German Federal Labour Court (Bundesarbeitsgericht) has ruled that the modern 'Einwurf-Einschreiben' (insertion registered mail) provided by Deutsche Post no longer serves as sufficient proof of delivery. This decision stems from changes in the digitalized delivery process, where postal workers scan and confirm delivery on handheld devices before the letter actually reaches the recipient's mailbox. Consequently, the certainty required to prove a document was actually delivered is no longer guaranteed.

In the specific case cited, an employer attempted to terminate an employee after the individual failed to respond to an invitation for occupational reintegration management (bEM). Because the employer could not prove the letter had been received, the termination was overturned. The court clarified that without additional evidence of actual insertion, this type of registered mail offers no more legal security than a standard letter.

In a separate ruling, the Administrative Court of Düsseldorf determined that flower planters placed on public sidewalks constitute unauthorized special use of public space. The court ordered the removal of several planters that had been positioned in front of a private residence for approximately 20 years, noting that sidewalks are primarily intended for pedestrians.