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state: 11.7.2026, reading time approx. 2 min
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BAG: No valid delivery without handover attempt
A German Federal Labor Court ruling clarifies that dropping legal documents in a company’s mailbox is only valid if a personal handover was first attempted. This affects deadlines for appeals and other legal actions. Decision from March 25, 2026 (5 AZR 65/25).
Rechtsanwalt Thomas Meier-Bading
Court rejects mailbox-only delivery
Image: AI, Prompt: Thomas Meier-Bading
The Federal Labor Court ruled that dropping legal documents in a company’s mailbox is only valid if a personal handover was first attempted. This means deadlines for appeals or other legal steps may not start if the delivery person skipped this step. The decision was issued on March 25, 2026 (case no. 5 AZR 65/25).
The rule was unclear: German law requires a personal handover attempt before using a mailbox for legal documents. But what counts as an “attempt”? The court had to clarify whether simply checking if a business is closed qualifies—or if the delivery person must actively try to hand over the document.
What happened in this case
A company missed an appeal deadline after a court decision was left in its mailbox on a Saturday. The delivery person noted in the records that no one was present, but the company claimed he never tried to hand over the document. The court now must investigate whether the delivery was valid.
