.png)
Complaint about delay (administrative court proceedings)
Delay complaint: How to speed up the court proceedings
Share:
About this Page
what a delay complaint is
when a complaint about delay makes sense
how the delay complaint is raised
Formulation of the complaint of delay
Table of Contents
1. What is a delay claim?
2. Complaint about delay § 198 GVG
3. How is the complaint about delay formulated (sample)?
4. Compensation for delay
5. FAQ
6. Conclusion
1. What is a delay claim?
A complaint about delay is a legal remedy that allows those affected to point out the unreasonable length of a court case . It is a prerequisite for a subsequent compensation claim under Section 198 of the German Courts Constitution Act (GVG) and serves to encourage the court to expedite the proceedings. Particularly in administrative proceedings – such as visa appeals – long proceedings are not uncommon, which can be stressful for those affected.
The complaint about delay signals to the court that the length of the proceedings is considered unreasonable and that the person concerned is officially asserting this. The complaint itself has no immediate legal consequences, but is necessary to be able to assert a claim for compensation later. It is therefore an important component of legal protection against excessively long proceedings.
2. Legal basis and requirements according to Section 198 GVG
The legal basis for the delay complaint can be found in Section 198 of the Courts Constitution Act (GVG). This provision protects the right to a fair trial within a reasonable time . The prerequisite is that the proceedings have already objectively taken too long – i.e., significantly longer than the average for comparable proceedings – and that the delay was not caused by the conduct of the parties involved.
A complaint of delay can only be filed if there are concrete indications that the proceedings have taken an excessively long time. It must be made in writing and submitted to the court deciding the case. It should clearly explain why the length of the proceedings is unreasonable from the applicant's perspective. Care should be taken to ensure that the complaint of delay is verifiable, as proof may be required in subsequent compensation proceedings.
3. How is the complaint about delay formulated (sample)?
There is no statutory template for the wording of a complaint about delay, but it should describe the facts clearly and objectively. It is important that the file number of the case in question is included and that the letter clearly indicates that it is expressly a complaint about delay pursuant to Section 198 of the German Courts Constitution Act (GVG) .
Example: "I hereby file a complaint pursuant to Section 198 of the German Court of Appeals Act (GVG) regarding the unreasonable length of the proceedings under [case number]. Since the filing of the action on [date of the statement of claim], no substantive decision has been made, although the legal dispute is ready for decision."
The reprimand can help get the proceedings moving again. It is not only a legal tool but also exerts psychological pressure on the judge .
4. Compensation for excessively long proceedings
If legal proceedings have taken an unreasonable amount of time and a timely notice of delay was filed, a claim for compensation may exist . The compensation claim is also governed by Section 198 of the German Courts Constitution Act (GVG). A maximum of €1,200 per year of delay can be awarded as non-pecuniary damages. The compensation may also be higher if the damages are greater or the unfairness is greater.
However, compensation is not automatic. It must be asserted through a separate compensation claim . This requires, among other things, that the court failed to continue the proceedings promptly despite a complaint of delay. The compensation claim is intended to provide fair compensation for disadvantages suffered, such as psychological stress or planning security.
5. FAQ
What is a delay claim?
The complaint of delay is used to claim that legal proceedings are taking too long (e.g. in an action for failure to act).
When does a complaint about delays make sense in visa law?
If the court does not make a decision for months and is clearly not dealing with the case, a complaint about delay may be appropriate.
How much does a delay notice cost?
Filing a complaint about delay is free of charge. Costs only arise if a compensation claim is filed later.
Is a complaint about delay also possible during ongoing appeal proceedings?
Yes. The complaint can be filed at any level of legal proceedings—including appeal proceedings or before the Federal Administrative Court.
6. Conclusion
A complaint about delay is an effective tool for drawing attention to unreasonably lengthy court proceedings. It is a prerequisite for later compensation and can be particularly important in the sensitive area of visa law. Anyone affected by a slow administrative process should not hesitate to take this formal step. The right to a speedy and fair court hearing is a fundamental right that foreign nationals in Germany are also entitled to. VISAGUARD supports you in enforcing your rights in the visa process – even in cases of excessively lengthy court proceedings.