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Emergency

The authority does not decide: an action for failure to act

If an authority does not decide on your application or objection within an appropriate time without a sufficient reason, you do not have to accept this indefinitely. After a waiting period expires, you can file an action for failure to act to force a decision.

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Your chances of getting your money back

If the authority does not decide on an application or objection within an appropriate period without a sufficient reason, the lawsuit is as a rule only admissible after three months have expired (§ 75 VwGO).
Often the mere announcement of an action for failure to act is enough for the authority to finally decide. The lawsuit forces it to act or to justify the delay.

What you should do now

  1. 1

    1. Document receipt

    Record when you submitted the application or objection.

  2. 2

    2. Inquire about the status

    Ask in writing about the processing status and set a deadline.

  3. 3

    3. Observe the waiting period

    Observe the usually three-month period under § 75 VwGO.

  4. 4

    4. Check a lawsuit

    If the decision does not come, you can file an action for failure to act at the administrative court.

How to spot the scam

  • The authority puts you off for months without a reason.
  • Important benefits are significantly delayed by the inaction.
  • You file suit before the waiting period has expired.

Frequently asked questions

When can I file an action for failure to act?

When the authority does not decide on your application or objection within an appropriate time without a sufficient reason. As a rule the lawsuit is only admissible after three months since the application or objection have expired (§ 75 VwGO), unless a special reason exists.

What does an action for failure to act achieve?

It forces the authority to decide on your application or to justify the delay. Often the serious announcement alone is enough for movement to come into the proceedings. It is not, however, a guarantee for the desired content of the decision.

Is there a 'sufficient reason' for delay?

Yes, for example a particularly complex situation or necessary investigations. Then the court can suspend the proceedings and set the authority a deadline. A mere work overload, however, is usually not considered a sufficient reason for long inaction.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.