HAMM (dpa-AFX) - In a legal dispute with DHL Group over parcel delivery to neighbors, consumer advocates have come up short. The Higher Regional Court of Hamm dismissed a lawsuit brought by the Federation of German Consumer Organizations (vzbv) as unfounded (Case number I-13 UKl 9/25).
The consumer advocates had accused DHL of being too lax in its approach to so-called substitute delivery and sought to force a change to the company's General Terms and Conditions (GTC). They argued that the company used too much leeway to leave parcels with neighbors instead of taking them back with the courier.
DHL rejected the accusations. Substitute delivery, the company said, has worked smoothly in the vast majority of cases for a long time and is appreciated by many customers. DHL complies with legal requirements, a company spokesperson emphasized. "We are pleased that the Higher Regional Court of Hamm has agreed with our position." Many customers, the spokesperson added, value substitute delivery because parcel handover is usually quick and convenient.
Judge Rebukes Consumer Advocates
The Higher Regional Court sided with DHL: The court found no evidence of undue disadvantage to consumers in DHL's GTC clause.
During the oral hearing, the presiding judge criticized the consumer advocates for failing to propose a better clause as plaintiffs. He questioned how the clause should be worded in everyday practice to meet customer needs. In such cases, common sense should prevail, the judge suggested. In a high-rise with hundreds of neighbors, the situation is different than in rural areas where neighbors live farther apart.
Every Second Counts in Parcel Delivery
Germany's parcel industry is booming as people order far more goods online than before. Delivery drivers are under time pressure, and every second counts. Couriers generally dislike taking parcels back with them—quick, direct delivery or leaving a package at the doorstep is preferred.
The latter, however, requires prior consent from the recipient. If that is not given, the courier can attempt substitute delivery to a neighbor. There, the parcel can be handed over "provided the circumstances reasonably indicate that they are authorized to accept the shipment," as stated in DHL's GTC.
The recipient is then notified "immediately" by note or email. If a customer does not want their order left with an unfriendly neighbor, they must inform DHL—as long as they have not done so, DHL is permitted to deliver the parcel to a neighbor. In the view of the Higher Regional Court of Hamm, there is nothing objectionable about these provisions. The DHL spokesperson pointed out that customers can record their refusal of substitute delivery online in their DHL customer account./wdw/DP/stk
