Term and legal status of the Deutsche Bundespost
Die Deutsche Bundespost was a central German federal authority for the organization and execution of postal, telecommunications, and telecommunication services in the Federal Republic of Germany. It was established in 1950 as the successor institution to the Reichspost and existed until its dissolution and privatization in the 1990s. The Deutsche Bundespost regulated the basic postal service, performed sovereign tasks, and was the carrier of extensive legal relationships in various areas of public economic law.
Legal basis and development
Origin and statutory basis
The institution of the Deutsche Bundespost was based on the Basic Law for the Federal Republic of Germany (GG), specifically Article 87 GG. Here, postal and telecommunications authority was expressly designated as a federal task. The specification was provided in the Postal Administration Act (PostVwG), as well as the Postal Act (PostG) and the Telecommunications Installations Act. With the First Act to Amend the Basic Law of July 14, 1954 (BGBl. I p. 149), the framework of administration was further defined.
Legal form and organization
The Deutsche Bundespost was a supreme federal authority within the portfolio of the then Federal Ministry for Post and Telecommunications. It was endowed with the status of a federal, non-legally competent corporation under public law . Thus, it was part of indirect state administration and was represented externally by its organs, particularly the General Post Directorate, regional post directorates, and subordinate offices. Its legal status was repeatedly amended over its existence, especially as part of the postal reforms in the 1980s and 1990s.
Scope of tasks and responsibilities
The scope of the Deutsche Bundespost included the sovereign administration of postal, telecommunications, and telecommunication tasks. This included in particular:
- Transport and delivery of letters, parcels, and telegrams
- Operation of public telecommunications facilities (telephone, telegraphy, telex services)
- Collection and administration of fees, charges, and postal stamps
- Control and monitoring of compliance with postal regulations
- Provision and regulation of additional services (e.g. postal bank services)
- Exercise of sovereign tasks such as protection of postal secrecy under Article 10 GG
- Cooperation with foreign postal and telecommunications companies based on international postal law
The Deutsche Bundespost held the monopoly for numerous postal and telecommunications services, which was secured by statutory regulations.
Civil law and public law relationships
Public law relationship
As a holder of sovereign authority, the Deutsche Bundespost acted under public law, particularly in ensuring basic service and carrying out state assignments. Its relationships with private individuals and companies were predominantly structured under public law. Use of its services generally resulted in a public-law obligation. Administrative acts were issued independently by the post office; appeals had to be brought via administrative courts.
Civil law actions
In certain areas of activity, particularly for ancillary services in postal operations or in leasing and renting, the Deutsche Bundespost could also act as a commercial entity under civil law. The precise distinction was legally regulated; fundamentally, however, public law predominated.
Personnel, budgetary, and asset-related aspects
Status of personnel
The employees of the Deutsche Bundespost were predominantly federal civil servants. The establishment, modification, and termination of civil service status were governed primarily by the Federal Civil Servants Act (BBG) and corresponding provisions for technical and non-technical service. In addition, there were salaried employees and workers employed under collective agreements and labor law.
Budget and accounting
The financing of the Deutsche Bundespost was carried out through its own budget, which was part of the federal budget (§ 26 PostVwG). The Deutsche Bundespost was obliged to remit surpluses and offset losses. Investments and business plans had to be approved by the state.
Asset management
All tangible and financial assets of the Deutsche Bundespost were designated, managed, and accounted for as federal special assets. With the transformation as part of the Post Reform I and II, the assets were divided among the successor companies.
The postal reforms and their legal consequences
Post Reform I and II
At the end of the 1980s, a far-reaching structural change in the German postal system began. As part of the so-called Post Reform I (1989) and Post Reform II (1995), the Deutsche Bundespost was split into three companies and privatized:
- Deutsche Post AG
Responsible for delivery services and letter mail
- Deutsche Telekom AG
Responsible for telecommunication services
- Postbank AG
Responsible for banking services
These companies are organized under private law; the federal government initially remained the main shareholder, but gradually withdrew from direct control. The legal regulations were implemented, among others, in the Postal Reorganization Act (PostNG) and the Telecommunications Act (TKG).
Settlement and transition
The legal successor to the Deutsche Bundespost with regard to rights and obligations became primarily Deutsche Post AG. The universal service guarantee for letter mail initially remained in place through statutory requirements for the successor companies (“universal service”). Public tasks have since been primarily handled by the Federal Network Agency as a regulatory authority.
The special asset Bundespost was appropriately allocated within the federal budget. For ongoing pension obligations for civil servants, a separate pension system (Post Civil Servants Pension) remained in place.
Significant legal disputes and legal developments
The Deutsche Bundespost was repeatedly the subject of legal disputes in the areas of public procurement law, monopoly law, civil servant pensions, liability for postal services, and data protection. The judicature of the federal courts, in particular the Federal Administrative Court, clarified the distinction between action under public law and activities under civil law.
International postal law and intergovernmental cooperation
The Deutsche Bundespost was responsible for concluding and implementing international treaties and agreements in the field of postal services. It was a member of the Universal Postal Union (UPU) and implemented international requirements into national law.
End of the Deutsche Bundespost and legal aftermath
With the full implementation of Post Reform II and the entry into force of the Postal Reorganization Act, the Deutsche Bundespost was legally dissolved in 1995. Its final legal relationships are managed by the successor companies and the federal government. Certain sovereign responsibilities, especially regulation of the postal market, have since been entrusted to authorities such as the Federal Network Agency. The legal history and structure of the Deutsche Bundespost continue to shape the understanding and regulation of the postal and telecommunications market in Germany to this day.
This article provides a comprehensive overview of the legal framework and development of the Deutsche Bundespost as a central institution of the postal service in the Federal Republic of Germany, up to its dissolution and the consequences for German postal law.
Frequently asked questions
Who was entrusted with sovereign tasks of the Deutsche Bundespost and what was the legal basis for this?
For decades, the Deutsche Bundespost exercised sovereign functions in the field of postal and telecommunications services. Legally, this position was assigned to it in particular by the Post Constitution Act and the Postal Act (PostG). The Bundespost operated as a so-called federal public special asset, pursuant to Article 87f of the Basic Law (GG). The sovereign tasks included, among others, the postal monopoly, i.e. the exclusive right to conduct certain transportation services, as well as ensuring nationwide coverage. The specific structure of the Bundespost’s rights and duties was also determined by a multitude of regulations and administrative rules.
How was the civil servant relationship at the Deutsche Bundespost regulated by law?
The civil servant relationship at the Deutsche Bundespost was governed by the Federal Civil Servants Act (BBG) and specific regulations for postal civil servants. Postal civil servants were subject to the general civil service regulations of the federal government and enjoyed status rights such as job security, pension benefits, and special care from the employer. Nevertheless, there were special provisions for certain areas, such as regarding transfer and promotion, deriving from the specific nature of postal service. The transfer of civil servant rights upon the transition of the Bundespost to its successor companies was a central issue in the Postal Reorganization Act (PostNeuOG) of 1994, with the retention of civil servant status for existing staff being guaranteed.
What legal regulations applied to data protection in relation to the Deutsche Bundespost’s responsibilities?
Data protection in the area of responsibility of the Deutsche Bundespost was regulated by the Federal Data Protection Act (BDSG) and special legal provisions. As a sovereign institution, the Bundespost was obliged to collect, process, and store personal data – for example, during the sending of letters and parcels and the use of telecommunications services – in accordance with the requirements. There were special confidentiality obligations, which were also subject to criminal sanction, for example, under § 206 of the Criminal Code (StGB) for violation of postal and telecommunications secrecy. The authority for monitoring compliance with these regulations lay with the Federal Commissioner for Data Protection and Freedom of Information.
What was the legal significance of the postal monopoly and under what conditions could it be abolished?
The postal monopoly was a statutory exclusive right of the Deutsche Bundespost to carry out certain postal services, particularly domestic letter delivery, granted by the Postal Act and relevant regulations. The main justification for the monopoly was the state’s mandate to ensure nationwide service, which was seen as economically feasible only through a monopoly provider. The factual and legal abolition of the postal monopoly took place gradually in the 1990s, particularly through the Postal Act of 1997, which began the liberalization of the postal market and abolished the monopoly in stages. This was closely linked to European law requirements for market opening and the implementation of relevant EU directives.
How were legal remedies against administrative acts of the Deutsche Bundespost structured?
Legal remedies against administrative acts of the Deutsche Bundespost, such as fee assessments, refusal of acceptance, or other sovereign measures, were possible under the provisions of the Administrative Procedure Act (VwVfG) and the Administrative Court Code (VwGO). These allowed for objections as well as legal action before the administrative courts. In some areas, such as civil service complaints, more specific remedies and deadlines applied. The right to legal recourse under Art. 19 para. 4 of the Basic Law also guaranteed access to the courts for sovereign acts by the Deutsche Bundespost.
What special legal provisions applied when converting the Deutsche Bundespost into joint-stock companies?
The so-called postal reform led to the conversion of the Deutsche Bundespost into the business areas of Deutsche Post AG, Deutsche Telekom AG, and Deutsche Postbank AG. The legal foundations were primarily set out in the Postal Reorganization Act (PostNeuOG) of 1994 and additionally in the Postal Transformation Act (PostUmwG). These laws regulated asset transfers, legal status of staff, especially civil servants, liability issues, and the transfer of rights and obligations to the new corporations. The Federal Republic of Germany initially remained the majority shareholder, in particular to continue ensuring universal service and to protect the interests of customers and employees.
How was legal protection for customers of the Deutsche Bundespost structured in cases of loss or damage to consignments?
Special liability provisions applied to loss or damage to consignments, as regulated by the Postal Act and the General Terms and Conditions (AGB) of the Deutsche Bundespost. Depending on the type of consignment (e.g. letter, parcel, registered or valuable mail), there were different liability scopes and compensation limits. Claims for damages generally required a timely damage report and submission of proof. Administrative acts arising from such cases, as explained above, were subject to administrative recourse. For certain types of shipments, such as cash-on-delivery items, there were further special rules on security and liability recognition.
