Judgment of the week: Higher Administrative Court of Baden-Württemberg on action for failure to act in naturalization cases

The issue of actions for failure to act in citizenship law is becoming increasingly important. Since the entry into force of the Citizenship Modernization Act (StARModG), many citizenship authorities have been confronted with a sharp increase in the number of naturalization applications. In practice, this development not only leads to significant delays but also to an increase in lawsuits with which applicants seek to compel the authorities to make a decision. Now, the Administrative Court of Baden-Württemberg (decision of August 4, 2025 – 11 S 1181/25) has made a groundbreaking decision that is of great importance for naturalization applicants, as well as for their legal representatives.

Overburdening the authorities may be justified in exceptional cases

The Higher Administrative Court of Baden-Württemberg was tasked with clarifying whether the significant increase in naturalization applications following the entry into force of the StARModG could constitute a so-called "sufficient reason" within the meaning of Section 75, Sentence 3 of the Administrative Court Act (VwGO) – that is, a reason justifying a longer processing time. The court affirmed this in principle: An unforeseeable flood of applications could temporarily be a justifiable reason for delays. However, this assessment only applies if the affected authority responds appropriately – for example, through organizational adjustments, additional personnel measures, or the use of digital solutions to accelerate the process.

The court is thus sending a clear message: Simply being overburdened is not enough. Authorities must demonstrate that they are actively working on solutions . This includes transparent prioritization criteria, digitalized processes, and comprehensible complaints management. For applicants, this means they must be patient as long as the authority is visibly working on improvements – but as soon as this is not the case, an action for failure to act remains an effective means of advancing their case.

What naturalization applicants should know now

The ruling by the Higher Administrative Court of Baden-Württemberg is of direct interest to migrants who have applied for naturalization. It demonstrates that courts are certainly sympathetic to overburdened authorities – but only if they take their responsibilities seriously and actively work to resolve the problem . If no discernible measures are taken, the option of filing an action for failure to act under Section 75 of the Administrative Court Code (VwGO) remains open, which can lead to an expedited procedure.

With this decision, the Higher Administrative Court of Baden-Württemberg strengthens both the rights of applicants and the authorities' obligation to modern, efficient administrative work. It marks an important step toward a more digital and fairer naturalization process in Germany – and at the same time demonstrates that legal pressure is often necessary to bring movement to stalled procedures.