TNT Post lost remailing proceedings
The Federal Court of Justice ruled in favour of Deutsche Post in remailing proceedings agiant TNT Post (TPG) in The Netherlands.
‘The proceedings related to a German credit card company, which had the letters and account statements that were intended for its German customers printed in The Netherlands. The Dutch post then handed the finished letters over to Deutsche Post for delivery, which meant that the cost‑intensive part of the mail dispatch process ‑ conveyance, sorting and delivery ‑ was Deutsche Post’s responsibility.
However, all that the latter received by way of compensation was the terminal dues for incoming international mail, which are lower than the German domestic postage rate.
On the basis of Article 25 of the Universal Postal Convention, Deutsche Post instituted legal proceedings against the credit card company, seeking payment of the domestic postage rate. The credit card company maintained in its defence that even the content of the account statements was produced on computers located in the Netherlands. Unlike the lower court (Düsseldorf Higher Regional Court), the Federal Court of Justice deemed this to be irrelevant.
The Federal Court of Justice confirmed in its ruling that Deutsche Post may request the domestic postage rate in such cases, which are also termed “non‑physical remailing”.
Following the ruling made by the European Court of Justice on 10 February 2000, which was already in Deutsche Post’s favour, the supreme court has now also clarified the situation for the German courts insofar as senders cannot escape paying the German domestic postage rate by processing and printing their items abroad.
As a result of the ruling, it is to be expected that the courts will now find in Deutsche Post AG’s favour in all the other proceedings which are still pending.’
