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Action for failure to act (Untätigkeitsklage)

A lawsuit before the social court when the authority does not decide on an application or objection within a reasonable period without sufficient reason.

Also called
inaction lawsuit, section 88 SGG

If an application has not been decided within a reasonable period without sufficient reason, a lawsuit is admissible at the earliest after six months from the application. If no decision has been made on an objection, a period of three months counts as reasonable. If there is sufficient reason for the delay, the court stays the proceedings. [1] For participation benefits, the shorter decision periods under section 14 SGB IX also apply, see clarifying responsibility. Whether and how you proceed in such a situation, get advice beforehand. More: Applying and filing an objection.

Legal status: 08.10.2026. This is not legal advice; in an individual case, advice centres or specialist lawyers for social law can help.

Sources and literature

  1. § 88 SGG – Untätigkeitsklage. https://www.gesetze-im-internet.de/sgg/__88.html

In detail: Applying for benefits and filing an objection

Articles on this term

Related terms

  • Widerspruch (objection to a decision)

    Widerspruch against an official decision (Bescheid) in Germany: one-month deadline, form and why the notice on legal remedies matters. Legal position 2026.

  • Hearing before a decision notice

    Hearing: before an authority issues a decision notice that interferes with rights, it must let parties comment on the relevant facts.

  • Access to files (Akteneinsicht)

    Access to files: parties to an administrative procedure may inspect the authority's files as far as they need them for their legal interests.

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