Federal Court of Justice (BGH): Effective receipt of a declaration of intent in business transactions

In its ruling of October 6, 2022 (Case No. VII ZR 895/21), the German Federal Court of Justice (BGH) determined when an email is considered received in business transactions. According to the ruling, an email is generally considered received by the recipient when it is made available for retrieval on the recipient's mail server during normal business hours. Actual retrieval or acknowledgment of the email is irrelevant.