Sender must confirm receipt of an email
This fall, an airline made a pilot training loan. It was agreed that the repayment would be waived if the borrower was not offered a cockpit job within five years of completing the training.
The company said it sent an email to the current plaintiff with an offer of employment attached — on the last day of the five-year period. It referred to her outgoing and incoming mail account, which was used to send the e-mail. There was also no notification of non-delivery. The recipient, on the other hand, claims that he did not receive the e-mail until three days later.
As a result, an employment relationship was concluded. However, the airline withheld 500 euros of the salary each month as a loan repayment. In her estimation, she had submitted the job offer early on. On the other hand, the person concerned complained. The Labor Court (ArbG) Cologne agreed with him, the LAG now rejected the company’s appeal.
The reason for this is that the sender of an e-mail has the full burden of proof and explanation according to § 130 BGB that it was received by the recipient. The mere sending does not constitute prima facie evidence of access: It is not certain whether an e-mail arrives on the recipient server after it has been sent. As with post, it is technically easier for the message not to arrive. This risk cannot be passed on to the recipient. Ultimately, the sender selects the type of transmission of the declaration of intent. He thus bears the risk that the message will not arrive. The airline could also have requested a read receipt via the options management of their e-mail program.
Judgment of the Cologne Regional Labor Court of January 11, 2022 (Az.: 4 Sa 315/21).
Lower court: Judgment of the ArbG Köln of March 18, 2021 (Az.: 6 Ca 5660/20).