Term and Fundamentals of the Post Successor Companies
The Term Post Successor Companies refers to companies that emerged from the transformation of the Deutsche Bundespost during its privatization. These companies hold a special legal succession to the former Bundespost and assume its previous responsibilities in the areas of postal, telecommunications, and logistics services. The most well-known German post successor companies are Deutsche Post AG, Deutsche Telekom AG, and Postbank AG. The legal classification and treatment of post successor companies are extensively regulated due to their unique history, impacting several areas of law.
Historical Development
Privatization of the Deutsche Bundespost
The Deutsche Bundespost was, until the 1990s, a federally owned legal entity under public law, centrally ensuring postal and telecommunications services in Germany. In the context of economic and political developments, it was decided in the mid-1990s to privatize the Bundespost and liberalize the market.
This privatization took place in several stages:
- 1989: Separation of the Bundespost into three companies (“Tripartition of the Deutsche Bundespost”): Deutsche Bundespost Postdienst, Deutsche Bundespost Telekom, Deutsche Bundespost Postbank.
- 1994: Transformation of these companies by the ‘Act on the Transformation of the Enterprises of the Deutsche Bundespost into the Legal Form of a Joint Stock Corporation’ (Post Transformation Act – PostUmwG) into joint stock companies (AG): Deutsche Post AG, Deutsche Telekom AG, Deutsche Postbank AG.
The companies resulting from privatization are referred to as post successor companies.
Legal Foundations of the Post Successor Companies
Postal Constitution and Postal Law Reform
The legal basis for the successor companies is mainly found in the Basic Law (Art. 87f GG), the Post Transformation Act (PostUmwG), the Postal Act (PostG), and the Telecommunications Act (TKG).
Basic Law
Art. 87f GG establishes the federal government’s duty to ensure adequate and sufficient provision of postal and telecommunications services to the public, and regulates the possibilities of transferring these responsibilities to private companies under state regulation.
Post Transformation Act (PostUmwG)
The PostUmwG provides the legal basis for transforming the enterprises of the Deutsche Bundespost into joint stock companies. It contains provisions on asset transfers, liability, civil servant status, and the transfer of rights and obligations.
Postal Act (PostG)
The PostG sets out the further statutory framework for the provision of postal services and the requirements for universal services. It defines rights and obligations for postal service providers and regulates the competitive framework for the postal market.
Telecommunications Act (TKG)
The TKG governs the framework conditions for telecommunications service providers, particularly regarding competition, network access, and consumer protection. Deutsche Telekom AG, as a post successor company, is subject to this law.
Legal Status and Tasks of the Post Successor Companies
Assumption of Public Functions
Post successor companies occupy a special legal position: as private entities, they assume certain responsibilities previously held by the public sector (Bundespost). This particularly affects the following areas:
- Ensuring so-called universal services, that is, providing nationwide basic public access to postal and telecommunications services.
- Assertion of existing rights and duties from the Bundespost era, including civil service law obligations and pension commitments.
Liability and Property Rights
As part of privatization, assets, rights, and obligations of the former Bundespost were transferred by law to the successor companies (§ 2 PostUmwG). This includes, among other things, existing contracts, civil service relationships (with limitations), and pension obligations. The post successor companies are independently liable, even if the federal government was or is still a shareholder.
Special Rules under Civil Service Law
A crucial characteristic is the treatment of civil servants who served at the Deutsche Bundespost. After the transformation, many continued to be employed at the successor companies, subject to specific rules regarding the continuation of civil service status, pension entitlements, and service law. The successor companies act as legal employers by statute, with oversight partly remaining with the federal government.
Competition Law Integration
Market Regulation and Special Obligations
With privatization, the postal and telecommunications sector was opened to competition. Post successor companies are subject to regulatory requirements by the Federal Network Agency, which oversees, in particular, universal services, access regulations for competitors, and pricing. Special antitrust rules apply, tailored to former monopolies.
Control of Subsidies and State Aid Law
Due to their unique background and continuing state shareholding, post successor companies are subject to special scrutiny regarding potential state aid. The European Commission regularly reviews whether inherited advantages comply with EU state aid law (Art. 107 et seq. TFEU).
Special Aspects of Employment Law
Transfer of Employment Relationships
Upon transformation, employment relationships were transferred to the newly formed joint stock companies in accordance with provisions of the Transformation Act, with preservation of existing rights. Special rules were developed for civil servants and special employees. Different collective bargaining agreements may apply depending on the field of activity and the company.
Employee Participation
Post successor companies are subject to the Codetermination Act as well as further provisions under the Federal Staff Representation Act for employees who remain civil servants.
Tax Treatment
With the privatization and transformation into joint stock companies, post successor companies became fully subject to corporate tax and business tax according to general principles, except for transition periods and special rules affecting specific issues such as pension liabilities.
Corporate Law Aspects
The post successor companies are constituted as joint stock companies subject to the German Stock Corporation Act (AktG). The federal government was the majority shareholder at the founding stage and has, through further rounds of privatization, partly or mostly divested its shares in Deutsche Telekom AG and Deutsche Postbank AG; it retains key holdings in Deutsche Post AG, including via the KfW.
Conclusion: Summary of the Special Legal Status of Post Successor Companies
Post successor companies such as Deutsche Post AG, Deutsche Telekom AG, and Postbank AG, due to their unique history, hold a specific legal position. They succeed the core functions of the Deutsche Bundespost and are fully commercial enterprises but remain subject to special rules, particularly regarding civil service law, universal service, market regulation, and corporate governance. As such, these companies make a significant contribution to securing infrastructure in Germany while being subject to a wealth of complex legal requirements.
Literature and Further Legal Sources
- Basic Law for the Federal Republic of Germany (Art. 87f GG)
- Act on the Transformation of the Enterprises of the Deutsche Bundespost into the Legal Form of a Joint Stock Corporation (Post Transformation Act – PostUmwG)
- Postal Act (PostG)
- Telecommunications Act (TKG)
- Stock Corporation Act (AktG)
- Federal Civil Servants Act (BBG)
- Codetermination Act (MitbestG)
- Court decisions regarding succession and liability (e.g., Federal Administrative Court, European Court of Justice)
- Publications of the Federal Network Agency
Frequently Asked Questions
What statutory regulations apply to post successor companies in Germany?
Post successor companies in Germany are subject to specific legal frameworks, mainly deriving from the Postal Act (PostG) and relevant provisions of the Telecommunications Act (TKG). The Postal Act regulates, inter alia, licensing, universal service obligations, compliance with security requirements, and protection of personal data in postal services. Additionally, competition law—such as the Act Against Restraints of Competition (GWB)—establishes equal opportunities between private providers and post successor companies. Furthermore, provisions on labor law and the transfer of employer status for civil servants according to the Postal Personnel Law (PostPersRG) apply.
What role does the regulatory authority play for post successor companies?
The Federal Network Agency is the competent regulatory authority for postal and telecommunications services. It monitors, in particular, the post successor companies’ compliance with statutory requirements, checks adherence to infrastructure access obligations, and ensures that anti-competitive practices are not employed. Additionally, it approves tariffs for certain services, controls compliance with postal license conditions, and serves as a complaint authority for both consumers and competitors.
What legal obligations exist regarding employees of post successor companies?
Post successor companies are required to assume and continue existing employment relations pursuant to the Postal Personnel Law (PostPersRG). This means that the rights and obligations of civil servant employees were preserved during privatization, including entitlements to remuneration, pensions, and career progression. General employment law, such as the Works Constitution Act (BetrVG), the Temporary Employment Act (AÜG), as well as collective agreements and codetermination rights also apply. For special groups, such as severely disabled persons, the provisions of SGB IX also apply.
How is liability regulated by law for post successor companies in cases of loss or damage to consignments?
Liability is governed by §§ 425 ff. of the German Commercial Code (HGB) and the special provisions of the Postal Act. Under § 431 HGB, the company is generally liable for the loss or damage of postal items in accordance with the contractually agreed transport conditions. The liability regime can be modified by general terms and conditions within the legally permissible scope; specific liability limits apply for particular types of consignments, such as registered or insured letters. Liability is excluded if the damage was caused by unavoidable external events (force majeure).
What is the legal significance of universal service for post successor companies?
Universal service means that post successor companies are obliged to provide certain postal services, such as the nationwide delivery of letters and parcels, at reasonable prices and with defined quality. The relevant requirements are detailed in the Postal Universal Service Regulation (PUDLV) and are monitored by the Federal Network Agency. If post successor companies fail to meet these obligations, regulatory measures and fines may be imposed.
Are post successor companies subject to special data protection regulations?
Yes. In addition to the general applicability of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), special provisions apply to post successor companies under the Postal Act, especially § 39 PostG. These rules require that personal data necessary for the provision of postal services receive special protection. For example, the disclosure of address data without express consent is generally prohibited, unless there are statutory exceptions.
What rules apply to monopolies and competition in the area of post successor companies?
Competition in the postal market is regulated by the Postal Act and the Act Against Restraints of Competition (GWB). With market liberalization, the postal monopoly was largely abolished; however, for certain universal services, a conditional monopoly position may remain, subject to ongoing review. Upon identifying abuse of market power, the Federal Network Agency can impose regulatory measures, such as setting price caps, access obligations, or internal structural measures to strengthen competition. Thus, post successor companies are subject to special scrutiny to prevent abuse and discrimination.
