Action for Failure to Act: Costs & Procedure
Information Status: Verified with StAG 2026 Reforms
Checked for compliance with the 2026 legal framework alterations.
The processing of naturalization applications in many German cities often takes months or even years. If the authority does not process your application without a sufficient reason for more than three months, you can file a failure-to-act lawsuit under § 75 VwGO.
Procedure:
1. Expiration of the 3-month period from application or objection.
2. Filing of the lawsuit at the competent administrative court.
3. The court sets a deadline for the authority to decide or decides on the claim itself.
Costs and reimbursement: In principle, the authority bears the procedural costs if there was no sufficient reason for the delay. If the delay is due to overload or missing documents, the cost risk may vary. Have your case reviewed beforehand for free.
Frequently Asked Questions (FAQ)
When can you file a lawsuit for failure to act?
A lawsuit for failure to act can be filed if more than 3 months have passed since the complete naturalization application was submitted and no decision has been made.
Who pays the costs of the lawsuit?
If the authority is responsible for the delay, it must bear the court and legal costs.
Legal Notice
Disclaimer / Liability Protection: PassKlar is an automated, AI-driven educational platform providing generalized summaries of public legal frameworks (StAG). It does not provide legally binding legal advice under the German Rechtsdienstleistungsgesetz (RDG). For individual legal assessments, always consult a certified immigration attorney (Fachanwalt für Migrationsrecht) or your local Ausländerbehörde.