Judgment of the week: Capacity bottlenecks in naturalizations are no reason for inaction (Higher Administrative Court of Münster)

Naturalization procedures in Germany can often drag on for months or even years . This is well known and has been criticized in numerous court decisions. For many applicants, this is frustrating and stressful. However, a recent ruling by the Münster Higher Administrative Court of September 25, 2025 (case no. 19 E 359/25) demonstrates once again that citizens can assert their rights against excessively long processing times by filing an action for failure to act . It also highlights that courts are increasingly willing to actively protect the rights of applicants and not simply accept delays .

Higher Administrative Court of Münster confirms established case law

In the underlying case, the plaintiff had submitted his application for naturalization almost two years ago . After submitting all documents and attending a personal appointment, nothing happened at first. The authority explained that the authentication of his Iraqi passport by another office was still ongoing and that the high number of applications due to the new citizenship law was leading to delays. This is a typical example of how bureaucratic processes often keep applicants in uncertainty for months.

Clear statement from the Higher Administrative Court of Münster

The Münster Higher Administrative Court stated unequivocally: These delays are no reason for inaction . Even if other authorities are involved or structural overloads exist, the deciding authority must ensure that the proceedings are concluded promptly. Persistent delays are unreasonable and violate Section 75 of the Code of Administrative Court Procedure (VwGO ). The court thus confirms a line of case law that is also being followed by numerous other courts of this kind.

For naturalization applicants, this means: Long waiting times don't have to be accepted . Anyone who has been waiting for a decision for months can file a lawsuit for failure to act to force the authority to make a decision. The court emphasizes that such lawsuits are a legitimate means of enforcing one's right to timely processing. This allows applicants to actively influence the course of their application instead of passively waiting for decisions.

Permanent overload is not a license

Many authorities try to hide behind internal delays, complex procedures, or staffing shortages. The Münster Higher Administrative Court makes it clear: complexity and overload must not be at the expense of applicants. Months of delays are unlawful – applicants have a right to a speedy decision. This ruling thus strengthens the position of applicants vis-à-vis structurally overburdened authorities.

Conclusion

With its ruling, the Münster Higher Administrative Court sent a strong message: authorities must work efficiently and respect citizens' rights. Persistent delays are unacceptable, and legal action against inaction is legitimate and effective. Those waiting for naturalization should not be discouraged—professional support can make all the difference. This ruling clearly demonstrates that patience does not necessarily mean resignation, but that legal means can be used to enforce claims.