The Inactivity Lawsuit - What Is It?

An inactivity lawsuit is a legal remedy that citizens can use when a government authority remains inactive on an application for an extended period. In German administrative law, the inactivity lawsuit is regulated by § 75 of the Administrative Court Procedure Code (VwGO). It is particularly relevant when an authority fails to process an application—such as a naturalization request—within a reasonable timeframe or refuses to make a decision.

The purpose of the inactivity lawsuit is to protect citizens from unreasonable delays in administrative procedures.

When Can an Inactivity Lawsuit Be Filed?

According to § 75 VwGO, an inactivity lawsuit can be filed if the authority has not made a decision on the applicant’s request within three months. The timeframe can be shorter if it becomes clear that the authority is not taking action. This gives citizens the right to turn to the court to enforce a decision.

Process and Chances of Success

If the deadline passes without a decision, those affected can file a lawsuit with the competent administrative court. While the inactivity lawsuit does not directly compel the authority to grant naturalization, it obligates the authority to make a decision. The commentary on § 75 VwGO (e.g., Kopp/Schenke, VwGO Commentary) explains that the goal of the inactivity lawsuit is to secure the legal right to a prompt processing of applications.

Cost-Free Filing with Untaetigkeitsklage.com

At Untaetigkeitsklage.com, you can file an inactivity lawsuit without any financial risk, as a litigation funder covers all expenses, including attorney and court fees. This way, you have the opportunity to challenge long processing times without bearing the costs of legal or court fees yourself.

Processing Time After Filing the Lawsuit

In general, once the inactivity lawsuit is filed, processing of naturalization applications typically takes about two months, with naturalization potentially completed within an additional one to two months. This timeframe may vary from one naturalization office to another. We can provide specific information upon direct inquiry.