In a ruling dated May 7, 2026, the Federal Labor Court of Germany (BAG) decided that Deutsche Post’s digital drop-off registered mail does not constitute prima facie evidence of receipt of a document. Thus, digital drop-off registered mail is not considered suitable proof of receipt of a document.
Until now, both the German Federal Court of Justice (BGH)—for example, in a 2023 decision—and the BAG—most recently in a 2024 decision—had recognized prima facie evidence for drop-off registered mail using the so-called “peel-off” procedure, which is no longer in practice. In the “peel-off” procedure, the mail carrier would manually remove a peel-off label from the registered letter immediately before depositing it in the mailbox and then affix this label to the delivery receipt. The mail carrier would then sign and date this delivery receipt by hand to document the delivery. The delivery receipt then served as proof to the sender that the item had been delivered to the correct addressee and documented the sequence of events required for prima facie evidence of receipt.
As part of its modernization efforts, however, Deutsche Post has now replaced the peel-off procedure with a digital scanning process in which the delivery person simply scans the registered mail’s tracking number, then signs on the scanner’s display, and finally deposits the package. The date of delivery is thus recorded digitally but is no longer noted on a separate delivery receipt. Furthermore, the recipient’s address is no longer noted on the receipt. In the BAG’s view, the digital receipt is therefore unsuitable as prima facie evidence of delivery, as it lacks a complete record of the sequence of events. Consequently, it is not suitable for unequivocally proving that the registered letter was deposited in the recipient’s designated mailbox.
This problem does not arise with the peel-off method, which has been the standard practice to date, since the recipient’s address is already visible on the label that is peeled off, and the date is added manually after delivery. The BAG further notes that scanning a barcode is—unlike peeling off a label—possible even when multiple items are being held in one’s hand, thereby increasing the risk of mix-ups and incorrect deposit. Also for this reason, the BAG believes that the receipt for a digital drop-off registered letter is not sufficient proof of delivery.
The BGH has not yet taken position on the evidentiary value of Deutsche Post’s new digital delivery procedure for drop-off registered letters.
Nevertheless, the potential practical implications are multifaceted. The reliability of the drop-off registered mail as proof of receipt of a notice is no longer guaranteed, particularly in the case of the delivery of notices of termination of continuing obligations—such as employment agremements or lease agreements, which must be served within a specified time limit—as well as in the case of other time-sensitive measures. As alternatives to using “Einwurf-Einschreiben,” one may still opt for the personal delivery of documents in exchange for a receipt, delivery by a courier who documents the process in detail, or delivery by a bailiff who issues a public deed to that effect.
