Action for failure to act

What is an action for failure to act?

If an authority does not decide on an application (e.g. for naturalization) within a reasonable period of time without sufficient reason, an action can be brought before the Administrative Court without the authority having made a decision (Section 75 of the Administrative Court Code).

The administrative court can then oblige the authority to grant the (naturalization) application.

When can an action for failure to act be brought?

The application is admissible at the earliest three months after submitting the application. An application has been submitted when the authorities have been informed that you wish to be naturalized. This can be done in writing or by submitting the forms and required documents. However, a request for an interview or inclusion on a waiting list is not sufficient to submit an application.

What is the procedure after filing a lawsuit?

The court serves the complaint on the authority and requests it to submit a statement. In Berlin, it usually takes several months and requires a court reminder before a statement is received from the authority.

The following variants are conceivable:

Option 1: The authority informs you that the application (e.g. for naturalization) has been granted.

Option 2: The authority requests further documents (e.g. current proof of income)

Option 3: The authority rejects the application.

Option 4: The authority announces that it cannot make a decision due to the large number of applications and remains inactive.

What happens next?

for variant 1: The legal proceedings can be declared settled.

for variant 2: Further documents are sent to the court. The court forwards the documents to the authority for a new statement. The process continues as in variant 1.

In the case of variant 3: The action can be continued with the aim that the court obliges the authority to grant the application (e.g. for naturalization).

in variant 4: If the court agrees with the authority that there are sufficient grounds for not yet deciding on the application, it may stay the proceedings until a reasonable period has expired.

Otherwise, the court will oblige the authority to grant the application (e.g. for naturalization) orreject the application if the requirements (e.g. for naturalization) are not met.

How long does the procedure take in total?

The duration of the procedure depends on how the authority responds.

For variants 1 and 2: The authority approves the application (e.g. for naturalization). How long the procedure takes depends on whether the authority has already indicated in the first statement that it will approve the application or whether, for example, further documents or statements are requested.

for variants 3 and 4: Before the court can make a decision, it usually sets a date for an oral hearing. As the courts are also overloaded, it can take 1-2 years before a hearing date is set. There is no way of forcing the court to make a quicker decision. After the hearing, the court issues a judgment against which the claimant and the authority have the opportunity to lodge an appeal within one month.

What happens if something changes during the procedure (e.g. unemployment, new job)?

The court can only oblige the authorities to grant naturalization if the requirements are met at the time of the decision. This usually requires an employment relationship whose probationary period has expired. In the case of newly started self-employed activities, the first income tax assessment is usually required before a positive income forecast can be drawn up.

A job loss can therefore delay the proceedings considerably. The court may then also suspend the proceedings. If such a change is to be expected, it may not make sense to file an action for failure to act.

What are the costs of the lawsuit?

The costs depend on the number of persons for whom the action is brought.

The costs of an action for naturalization for failure to act are calculated as follows (Lawyers’ Fees Act and Court Costs Act, 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 €	2587,72 €
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.

In the case of variants 3 and 4, if an oral hearing takes place or if a settlement is reached with the authority, further costs may be incurred in the course of the proceedings.

 

When do I have to pay these costs?

We usually charge the above-mentioned legal fees when the claim is filed.

You will receive an invoice for the court costs from the court cashier after registering the claim with the court.

 

Does the authority have to reimburse the costs?

At the end of the proceedings, the court decides whether the authority has to bear the legal fees and court costs.

for variants 1 and 2: If the court comes to the conclusion that the authority should have decided more quickly, it obliges the authority to reimburse the costs of the proceedings.

for variants 3 and 4: If the court obliges the authority to grant the application (e.g. for naturalization), the authority must reimburse the costs.

If the court rejects the claim, the plaintiff must bear the costs.