Screenshot is sufficient proof of malfunction in lawyer's mailbox
According to a decision by the Federal Court of Justice (BGH), users of the "special electronic lawyers' mailbox" (beA) can use a screenshot to prove a technical fault if they are unable to submit documents on time. A lawyer's assurance that the transmission failed is not mandatory according to the decision published in Karlsruhe on Monday. The Higher Regional Court of Braunschweig, which had taken a different view in the previous instance, had overstretched the requirements here, it said. (Ref. XI ZB 1/23)
According to the decision, the submission of the screenshot - i.e. a kind of snapshot of the website - was suitable in this case to make the alleged disruption credible. This was because its content was consistent with the information in the beA malfunction documentation on the website of the German Federal Bar Association.
The beA is intended to ensure secure electronic communication between lawyers and other parties involved in electronic legal transactions. According to the Federal Bar Association, every lawyer admitted in Germany has a beA. Passive use has been mandatory since 2018 and active use since 2022. "Since then, lawyers have been obliged to transmit documents to the courts electronically across the board."
The decision from the Federal Court of Justice validates the use of a screenshot as justifiable evidence of a malfunction within the beA system, serving as proof when submitting documents electronically is impossible. This digitized approach to providing evidence aligns with the extensive documentation on beA judgments and malfunctions available on the German Federal Bar Association's website.
Source: www.dpa.com
