Untätigkeitsklage
Court action over an authority’s failure to decide
Helpful when…
An authority has not decided on your application and you want a lawyer to assess whether court action is appropriate.
What it is
Court action over an application or objection that the authority has left undecided. A lawyer reviews the delay, explains the court route and can prepare and file the claim. [1]
How a lawyer can help
Assess the delay.
The lawyer reviews the application, evidence of submission, correspondence and any reasons given for waiting.
Discuss the claim and costs.
The lawyer assesses the legal conditions and explains the proposed claim, risks, court costs and scope of representation.
Proceed only after agreement.
If instructed, the lawyer prepares the court filing and handles the agreed representation. Further developments may affect how the case proceeds.
A helpful starting point
The application or decision, correspondence and a timeline of what has happened.
What the law says
Under § 75 VwGO, an action is generally possible after three months if the authority has failed to decide within a reasonable time without sufficient reason. Special circumstances may justify an earlier claim. If there is sufficient reason for the delay, the court can pause proceedings and give the authority time to act. [1] [2]
Common questions
What does the lawyer check?
When you applied, what you submitted, what the authority has said, the reason for the delay and the result you are asking the court to order.
Is a letter required first?
Section 75 VwGO sets the conditions for the claim. A lawyer can assess these directly and advise whether a follow-up letter would be useful.
Read the legal sources
Read the German legislation behind this service.
- § 75 VwGO · Failure to decide an application or objection
- § 42 VwGO · Actions before the administrative court
Updated 25 September 2026.
