When is an inaction lawsuit possible?
The legal basis is § 75 VwGO: if the authority fails to decide on your application for 3 months without sufficient reason, you can file a lawsuit. The administrative court then sets a deadline for the authority to decide.
What happens after the lawsuit is filed?
The administrative court invites both sides to submit their statements. How quickly the authority then decides on the application depends on the individual case.
What does an inaction lawsuit cost?
Court fees: approx. 100–300 € depending on the value in dispute. Lawyer fees: approx. 500–1,500 €.
Frequently asked questions
From exactly when can I file a lawsuit?
From 3 months after your application was received by the authority. Important: you need proof of the submission date (confirmation of receipt, registered mail).
Do I need a lawyer?
For the administrative court, a lawyer is generally not required — but strongly recommended.
What if I win the case?
The authority must then decide within the deadline set by the court. Court costs are generally borne by the losing party.