Action for failure to act - if the authority does not decide
You have submitted an application (e.g. for naturalization or a residence permit) and the authorities have not responded for months?
In this case, an action for failure to act can help to speed up the procedure.
What is an action for failure to act?
If an authority does not decide on your application within a reasonable period of time without sufficient reason, you can file a complaint with the administrative court (§ 75 VwGO).
The court can oblige the authorities to naturalize the person or issue the residence permit.
When is a lawsuit admissible?
- usually after 3 months without a decision
- Prerequisite: a complete application has been submitted
- Pure appointment requests or waiting lists are not sufficient
Staff shortages or high case numbers are generally not sufficient reasons for long delays. The authority must then explain what measures it has taken to reach a decision more quickly.
When does an action for failure to act make sense?
A lawsuit can be useful if:
- the authority does not react for a longer period of time
- you have submitted all the required documents
- the requirements for naturalization or residence permit are met
- there are no comprehensible reasons for the delay
It does not always make sense to file a lawsuit—for example, if your personal situation could change in the short term (e.g., a change of job, impending job loss, or relocation) or the competent court considers a lengthy duration of proceedings to be appropriate.
How does the procedure work?
- Filing an action
The court invites the authority to comment. - Reaction of the authority
The authority can:- grant the application
- Request further documents
- reject the application
- remain inactive
- Court decision
The court obliges the authority to make a decision or decides on the claim itself.
In many cases, the authority reacts as soon as the complaint is filed.
How long does the procedure take?
The duration depends heavily on the individual case:
- If the agency responds quickly to the complaint: a few months
- In the case of a court decision: often 1-2 years
The courts are also very busy. The judges set deadlines for the authorities to respond. If the authority still does not respond, the court must investigate the facts of the case itself and set a hearing date before making a decision.
Whether an action for failure to act accelerates the proceedings therefore also depends on how the court handles the case. If the court considers a longer duration appropriate, it can suspend the proceedings for a certain period of time.
Costs and risk
An action for failure to act involves costs (legal fees and court fees).
The court will decide at the end of the proceedings whether the authority must reimburse the costs:
- The court orders the authority to pay the costs if a faster decision should have been made
- The court orders the plaintiff to pay the costs if a faster decision was not to be expected or the action is dismissed
The exact costs depend on the individual case.
Kosten einer Untätigkeitsklage
The costs of an action for failure to act depend on the number of plaintiffs and on whether any out-of-court efforts are made first. The following overview applies to a naturalization lawsuit for one person and is based on the statutory fees under the RVG and GKG.
| Type of proceeding | Attorney fees (including VAT) |
Court costs | Total Costs |
|---|---|---|---|
| Out-of-court services only | €1,187.62 | – | €1,187.62 |
| Out-of-court proceedings and subsequent lawsuit | €1,638.15 | €849.00 | €2,487.15 |
| Court proceedings only | €1,032.44 | €849.00 | €1,881.44 |
The costs of the court proceedings do not include a hearing fee. In the exceptional event that an oral hearing takes place, additional attorney’s fees in the amount of €931.06, including 19% value-added tax, may be incurred. In the event of a settlement, a settlement fee of €775.88 will be added.
The administrative court will decide at the conclusion of the proceedings whether the agency is required to reimburse the costs of the legal proceedings. Full reimbursement by the agency may be considered, in particular, if the agency should have made a decision before the lawsuit was filed.
Typische Probleme in der Praxis
- unvollständige Anträge
- fehlende Unterlagen
- Veränderungen während des Verfahrens (z. B. Jobverlust)
- falscher Zeitpunkt für die Klage
These points can delay the procedure or cause it to fail.
Was wir für Sie tun
- Prüfung, ob eine Untätigkeitsklage sinnvoll ist
- Strategische Vorbereitung der Klage
- Vertretung vor dem Verwaltungsgericht
- Kommunikation mit Behörden und Gericht
Typischer Fall
You submitted an application several months ago and have not received any feedback from the authorities.
We check for you:
- ob eine Untätigkeitsklage möglich ist
- welche Erfolgsaussichten bestehen
- welche Risiken und Kosten entstehen
This will enable you to make an informed decision as to whether it is worth taking legal action.
