Legal Foundations and Development of the Bundespost
Die Bundespost was the central German authority for postal and telecommunication services in the Federal Republic of Germany. Its history, organization, and legal foundations reflect essential aspects of public economic law as well as the structure of sovereign performance of duties. Below, the decisive statutory provisions, institutional development, privatization, and its legal consequences are presented in detail.
Historical Development and Foundations
Origin and Legal Status
The Bundespost was founded in 1947 as the “Deutsche Bundespost” and was organized as an independent special fund owned by the Federation (§ 1 PostVerfG, Organic Law on Postal Services). The basis was the “Law on Postal Services of the Federation” (Postgesetz – PostG) in its respective versions. The Bundespost performed official tasks as well as economic activities in the areas of post, telecommunications, and telecommunication services.
Constitutional Foundations
According to Art. 87 Sections 1 and 2 of the Basic Law (GG), the Federation had exclusive legislative and administrative competence for postal services and telecommunications. The Bundespost thus fulfilled an original federal task as a direct federal administration with independent economic management.
Organization and Internal Legal Relations
Status as a Special Fund
According to § 2 PostVerfG, the Bundespost held the status of a non-legal special fund within the administrative domain of the Federation. Assets, revenues, and expenditures were legally separated from the federal budget. The special fund was managed by the Federal Minister for Posts and Telecommunications and regulated through a separate budget law.
Business Divisions and Structure
Until its privatization, the Bundespost was divided internally into business units:
- Postal Services (letter and parcel delivery, logistics)
- Telecommunications Services (telephone, telegraph, telecommunication electronics)
- Postbank (financial and banking services)
The business units were operated as legally and economically separate entities, yet they were subject to unified supervision, personnel management, and statutory regulation.
Sovereign Functions and Monopoly Position
Monopoly Rights
The Bundespost was granted extensive monopoly rights by law, for example in the area of letter delivery (§§ 2, 11 ff. PostG). The exclusion of private postal service providers served to ensure nationwide service and was regularly regarded as a legitimate public interest pursuant to Art. 12 GG. The collection of fees was subject to federal legal regulation and control.
Regulation and Supervision
The activity of the Bundespost was under intensive state supervision, especially by the Federal Ministry for Post and Telecommunications. Control mechanisms such as auditing by the Federal Audit Office according to §§ 91 ff. BHO (Federal Budget Code) were applied.
Privatization and Legal Succession
Postal Structure Act and Privatization Process
With the entry into force of the Postal Structure Act (PostStruktG) on July 1, 1989, the gradual privatization and break-up of the Bundespost began. The law regulated the division of the special fund into three joint-stock companies:
- Deutsche Post AG
- Deutsche Telekom AG
- Postbank AG (later an independent company)
The legal form of joint-stock companies under German stock corporation law (AktG) replaced the previous public-law special status structure. Ownership of the companies initially remained entirely with the Federation, which then gradually sold shares to private investors.
Statutory Provisions on Succession
The transitional and conversion provisions are detailed in §§ 15 ff. PostStruktG. All rights, obligations, and liabilities of the former Bundespost were transferred in their entirety to the respective successor companies by way of universal succession. Special protection regulations applied for personnel and existing employment relationships (§ 19 PostStruktG, PostPersRG).
Supervision and Regulation After Privatization
Federal Network Agency and Sector-Specific Regulation
After the transformation of the Bundespost, the supervisory tasks of ensuring nationwide universal service and competition oversight were transferred to the Federal Network Agency (formerly Regulatory Authority for Telecommunications and Post). The relevant legal bases are the Telecommunications Act (TKG) and the Postal Act (PostG, 1998 revised version).
Civil Service Law Aspects
Status Rights of Employees
The employees of the Bundespost were subject to federal civil service regulations until privatization. After the transfer to the joint-stock companies, specific civil service special provisions have applied (§§ 2, 4 Postal Personnel Law – PostPersRG):
- Temporary Continuation of Civil Service Provisions
- Protection rules with regard to jobs, welfare, and pension entitlements
Personnel representation was governed by special postal personnel representation laws.
Constitutional Assessment and Current Relevance
Provisions Still in Effect
Although the Bundespost as an institution no longer exists, numerous regulations and successor provisions still apply—especially in civil service law, in the sharing of pension liabilities, and in the context of public services of general interest. The transformation of state monopolies into private-sector structures is seen as a major step in the reorganization of public economics.
Significance in the Context of Regulation
The legal experiences of the Bundespost continue to shape sector-specific regulation and the design of statutory frameworks for postal and telecommunication services in Germany.
Summary:
The term Bundespost referred to the federal special fund for postal services, which was subject to comprehensive statutory regulations at the federal level. The privatization and transformation of the Bundespost into joint-stock companies marked a profound change in German public economic law and continue to have an effect through numerous successor provisions to this day.
Frequently Asked Questions
What were the legal foundations governing the activities of the Deutsche Bundespost?
The legal foundations for the activities of the Deutsche Bundespost were essentially laid down in the Law on Postal Services (Postgesetz) as well as the Law on Postal Banking and Postal Administrator Act. These laws defined the monopoly rights of the Bundespost for postal and telecommunications services and established the public-law nature of the Deutsche Bundespost. The Postal Act also regulated the duties and rights of the Bundespost, in particular the nationwide provision of postal and telecommunication services to the population. Furthermore, numerous ordinances, administrative regulations, and tariff regulations were part of the legal framework. The Deutsche Bundespost was subject to the supervision of the Federal Ministry for Post and Telecommunications. With the entry into force of the Postal Structure Act in 1989, the legal restructuring into independent companies under federal control began, ultimately culminating in privatization.
Under what conditions could postal services be provided by private operators?
Until the postal reform, postal services in the Federal Republic of Germany were largely reserved by law for the Deutsche Bundespost; the so-called postal monopoly was enshrined in the Postal Act. Exceptions were only permitted by law in a few areas and under strict conditions. Only with the postal reform and the Postal Structure Act was a stepwise market opening implemented. The monopoly was gradually restricted by liberalizing certain segments for private operators — for example, through licenses or official approvals. The Federal Network Agency (and its predecessor agencies) was authorized to issue licenses for private postal services. This was accompanied by requirements concerning the reliability, performance, and substantive quality of the services, which were specified by law or by ordinance.
What rights did customers have when using the services of the Bundespost?
Customers of Deutsche Bundespost had the right to reliable and non-discriminatory access to postal and telecommunications services at the publicly announced rates and conditions then in effect. The legal basis for this was, in particular, the Postal Act and the general terms and conditions of the Bundespost, which were enacted on a statutory basis. Customer rights also encompassed the right to lodge complaints in case of deficiencies, the right to compensation for loss or damage to consignments pursuant to the liability provisions of the Postal Act, as well as the right to data protection with regard to telecommunications privacy, specially protected by the Telecommunications Equipment Act. There was also a right to special services such as cash on delivery, registered mail, or insured consignments under certain conditions and at established rates.
How was the civil service relationship at the Deutsche Bundespost legally regulated?
The staff of the Deutsche Bundespost consisted largely of civil servants whose legal status was governed by the Federal Civil Servants Act and the special Post Administrator Act. The civil servants of the Bundespost held the same status rights and duties as other federal civil servants, including lifetime employment, the duty of care of the employer, and recourse to civil service law. The specific provisions for Bundespost civil servants regulated, for example, organization, promotion, remuneration, and disciplinary and pension matters. With the various postal reforms and subsequent privatization, transitional rules were created that largely secured the status rights even in the private successor companies.
What was the legal procedure for dispute resolution between customers and the Bundespost?
Legal disputes between customers and the Bundespost were initially settled within the scope of administrative legal procedures through internal complaint and objection proceedings. Objections could be filed against decisions of the Bundespost within certain time limits. If no amicable solution was reached, recourse to administrative courts was possible, since the Deutsche Bundespost acted as a public law corporation. For post bank business or civil law claims (e.g., arising from a service contract), the civil law route could also be pursued. In individual cases, arbitration proceedings or ombudsman offices were also used, especially after market opening as part of regulatory oversight.
How was the secrecy of the post and telecommunication legally ensured?
The secrecy of the post and telecommunications was constitutionally protected by Article 10 of the Basic Law and was further specified by statutory provisions such as the Postal Act and the Telecommunications Regulation. These laws required the Bundespost and its employees to safeguard all information entrusted to them regarding postal consignments and telecommunications. Violations of the secrecy of post and telecommunications were punishable by law, that is, they could result in criminal and disciplinary consequences. Even in the context of investigations, interference with telecommunication secrecy was only permissible on the basis of a court order and under strict statutory requirements.
What role did international postal agreements play for the legal situation of the Bundespost?
The Deutsche Bundespost was bound by international postal agreements, in particular the Universal Postal Convention within the framework of the Universal Postal Union (UPU). These treaties were ratified by the Federal Republic and thus were part of national law. They regulated the exchange of postal consignments between member countries, including liability, modalities of transport, and the collection of fees. The provisions thus incorporated into national law were binding for the Bundespost to implement. Furthermore, these international agreements secured customers’ rights in cross-border traffic and regulated dispute resolution in cases of conflict between national postal administrations.
