The inaction lawsuit (Untätigkeitsklage) in naturalization: what it really achieves
Months without an answer from the Einbürgerungsbehörde — and someone online promises that a lawsuit will speed everything up. What is actually true? A sober assessment.
What is an Untätigkeitsklage?
The inaction lawsuit (Section 75 VwGO) is a claim before the administrative court with a single goal: forcing the authority to decide on your application. It is generally admissible when the authority has failed to decide on a complete application within a reasonable period without sufficient reason — the rule of thumb is three months. It forces a decision, not a naturalization.
What it achieves — and what it does not
Realistically: the lawsuit puts pressure on the authority to process your case. It guarantees neither a positive outcome nor a jump to the front of the queue. Courts also recognise that an overloaded authority can have a "sufficient reason" for delays — especially in big cities with tens of thousands of open applications. There are cases where the usual processing time passed despite a lawsuit. Anyone selling you acceleration as a certain outcome is promising something they cannot keep.
The requirements
Three things must be true: your application was submitted complete (incomplete applications are the most common reason the clock never starts), at least around three months have passed since submission, and the authority has not communicated a comprehensible reason for the delay. The first point is the most important one — and the only one entirely in your hands.
Costs and risk
There is no obligation to be represented by a lawyer before the administrative court, but representation is common. Court fees and possibly lawyer fees apply — depending on how it goes, several hundred to over a thousand euros. If your claim succeeds or the authority promptly decides because of it, the authority often bears the costs; if you lose or withdraw, they remain with you. Have the cost question explained concretely before you sign anything.
Milder means first
Before a lawsuit there are simpler steps: a factual, written status inquiry (used sparingly — some authorities explicitly ask not to inquire repeatedly), a polite deadline, and documentation of all communication. Some federal states also have ombudspersons or petition channels. Only when there is genuine standstill without explanation over many months does the lawsuit become a proportionate tool.
Conclusion
The Untätigkeitsklage is a legitimate rule-of-law tool against genuine administrative silence — not a turbo button for naturalization. The best acceleration you control yourself remains a complete, well-prepared application from day one. This article is not legal advice; whether a lawsuit makes sense in your case is a question for an immigration lawyer.
If in doubt, please verify administrative details (costs, waiting times, providers) with your competent authority.