⏳ When the authority does not decide

Action for failure to act: after 3 or 6 months you can sue if no decision was made without good reason.

inaction action for failure to act processing time social court administrative court objection application

In brief

Sometimes the authority does not reply for a long time. Then there is the action for failure to act (Untätigkeitsklage).

For applications for social benefits you can sue after six months. For an objection that has not been decided, after three months. At the administrative court, three months applies to both.

Condition: there is no good reason for the delay. If there is one, the court can set the office a new deadline.

Beforehand you can write a reminder and ask for an interim reply.

Step by step

Note the date of the applicationProve the application or objection (confirmation of receipt).
Ask for an updateAsk in writing about the status and set a deadline.
Wait for the period to pass6 months (application, SGG) or 3 months (objection, SGG, VwGO).
Consider court actionAction for failure to act before the competent court; get legal advice.

Deadlines

6 months

Action for failure to act after an application for an administrative act in social law.§ 88 Abs. 1 SGG

3 months

Action for failure to act where an objection has not been decided in social law.§ 88 Abs. 2 SGG

3 months

Action for failure to act in general administrative law after an objection or application.§ 75 VwGO

Watch out – common mistakes

In special circumstances the action may be admissible earlier (§ 75 VwGO).
If there is a sufficient reason, the court sets the office a deadline; if the matter is resolved in that time, the proceedings end.
The passing of time alone is not enough: there must also be no decision without sufficient reason.
Social law: waiting periods of 6 months (application) or 3 months (objection), § 88 SGG.

In depth · legal basis, figures and practice – for advisers and professionals

Administrative law

Under § 75 VwGO, an action is admissible without a prior decision if no substantive decision has been made, without sufficient reason and within a reasonable time, on an objection or on an application for an administrative act. The action can be brought at the earliest after three months have passed since the objection was lodged or the application made, except in special circumstances. If there is a sufficient reason, the court can stay the proceedings and set the authority a deadline.

Social law

Under § 88 Abs. 1 SGG, an action is not admissible before six months have passed since the application for the administrative act; § 88 Abs. 2 SGG sets three months for objections not decided. Here too a stay is possible if there is a sufficient reason.

Who is responsible

Competent authority (reminder)
Administrative court or social court
Legal advice assistance (Beratungshilfe) for legal advice

Quick questions

Worum geht es bei „When the authority does not decide“?

Action for failure to act: after 3 or 6 months you can sue if no decision was made without good reason.

Which deadlines and figures matter?

6 months: Action for failure to act after an application for an administrative act in social law. (§ 88 Abs. 1 SGG)
3 months: Action for failure to act where an objection has not been decided in social law. (§ 88 Abs. 2 SGG)
3 months: Action for failure to act in general administrative law after an objection or application. (§ 75 VwGO)

What should I do first?

Note the date of the application: Prove the application or objection (confirmation of receipt).
Ask for an update: Ask in writing about the status and set a deadline.
Wait for the period to pass: 6 months (application, SGG) or 3 months (objection, SGG, VwGO).

What do I need to watch out for?

In special circumstances the action may be admissible earlier (§ 75 VwGO).
If there is a sufficient reason, the court sets the office a deadline; if the matter is resolved in that time, the proceedings end.
The passing of time alone is not enough: there must also be no decision without sufficient reason.

Evidence

Gesetze im Internet, § 75 VwGO, retrieved 20 September 2026
Gesetze im Internet, § 88 SGG, retrieved 20 September 2026

As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.