Untätigkeitsklage

Untätigkeitsklage is a legal term originating from German administrative law. It refers to a lawsuit filed when an administrative authority fails to act on a request or application within a reasonable timeframe. The principle behind the Untätigkeitsklage is that individuals should not be left in an indeterminate state due to the inaction of public bodies.

The purpose of this legal remedy is to compel the administrative authority to make a decision, whether positive or negative. It is typically used when an applicant has made an official request, such as for a permit or a social benefit, and has not received a response or a decision after a substantial period has passed. The exact definition of "reasonable timeframe" can vary depending on the specific legal context and the nature of the application.

Before filing an Untätigkeitsklage, it is often a prerequisite to have formally notified the authority of their delay and requested them to act. If the authority still fails to respond, then the claimant can initiate legal proceedings. The court, in such a case, would order the authority to issue a decision. This does not, however, guarantee a favorable outcome for the applicant, as the decision itself could still be negative. The Untätigkeitsklage is a procedural tool to overcome administrative paralysis.