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 an action with the administrative court (§ 75 VwGO).
The court can oblige the authorities to naturalize the person or issue the residence permit.
When is an action 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 can change soon (e.g. change of job or relocation).
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 authority reacts quickly: 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 determine the facts of the case itself and set a hearing date before making a decision.
Costs and risk
An action for failure to act is associated with costs (lawyer and court).
The court will decide at the end of the proceedings whether the authority must reimburse the costs:
- Orders the authority to pay the costs if a faster decision should have been made
- 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.
The costs of an action for failure to act on naturalization are calculated as follows depending on the number of plaintiffs (RVG and Court Fees Act (GKG), as of June 2025):
| Legal fees legal fee incl. VAT |
Court costs | total | |
| 1 person | 1,032.44 € | 849 € | 1,881.44 € |
| 2 persons | 1,372.78 € | 1,215 € | 2,587.72 € |
| 3 persons | 1,590.91 € | 1,428 € | 3,019.91 € |
| 4 persons | 1,857.00 € | 1,671 € | 3,528.00 € |
The costs for an action for failure to act to obtain a residence permit are somewhat lower.
Additional costs may be incurred if an oral hearing takes place.
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.
