dpa | Consumer advocates lost out in a legal dispute with DHL over parcel delivery to neighbors. The Hamm Higher Regional Court dismissed a lawsuit brought by Consumer advice center Federal Association (vzbv) as unfounded. The judgment is not yet legally binding. The Higher Regional Court allowed an appeal to the Federal Court of Justice in Karlsruhe (File number I-13 UKl 9/25). The vzbv announced that it would wait for the written reasons for the judgment and then check whether it would appeal.
The consumer advocates had accused DHL of being too lax in its approach to so-called replacement delivery and wanted to force a change to the General Terms and Conditions (GTC). The company uses too much leeway to leave the package with a neighbor and not have to take it back with you.
DHL had rejected the allegations. Replacement delivery has been working smoothly in most cases for a long time and is appreciated by many customers. A DHL spokeswoman emphasized that legal requirements are being adhered to. “We are pleased that the Hamm Higher Regional Court followed our opinion.” Many customers appreciated the replacement delivery because the parcel delivery was usually quick and convenient.
Judge rebuffs consumer advocates
The Higher Regional Court ruled in favor of DHL: According to the court, there was no inappropriate discrimination against consumers in DHL’s General Terms and Conditions clause.
During the oral hearing, the presiding judge criticized the fact that the consumer advocates as plaintiffs had not made a suggestion for a better clause. He asked the question of how the clause should be formulated in everyday supply so that it meets the needs of customers. Common sense must regulate the matter here. Things look different in a high-rise building with hundreds of neighbors than in the countryside, where the neighbors live further away from each other.
Every second counts when it comes to parcel delivery
Germany’s parcel industry is booming because people order a lot more goods online than before. During delivery, the parcel carrier is under time pressure; every second counts. He is usually reluctant to take a package back with him – he prefers quick, direct delivery or leaving it on his doorstep.
For the latter, however, the addressee’s prior consent is required. If this is not available, the parcel delivery person can knock on the neighbor’s door to request a replacement delivery. He can hand over the package there “if it can be assumed under the circumstances that you are entitled to accept the shipments,” as the DHL terms and conditions state.
The addressee will be notified of this “immediately” via note or email. If you don’t want your order to be delivered to the unfriendly neighbor next door, you must inform DHL – as long as you haven’t done this, DHL can deliver the package to the neighbor. From the perspective of the Higher Regional Court of Hamm, there is nothing objectionable about these formulations. The DHL spokeswoman pointed out that customers could note their no to replacement delivery online in their DHL customer account.