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A delayed or refused permit can block an investment. Judicial action requires a clear understanding of the application, outstanding information and the substantive entitlement. Delay does not automatically create a right to approval.

Procedure and practical preparation

We compile the application, acknowledgement of receipt, requests for further documents and responses. Section 75 VwGO allows proceedings in certain cases of administrative inaction, generally subject to a three-month waiting period and qualifications. Where there is a sufficient reason for delay, the court may suspend the case. The substantive outcome also depends on whether the authority has discretion and whether the statutory requirements are met. An urgent application requires its own explanation of entitlement and necessity; commercial convenience alone is not always sufficient.

Four practical examples

These are illustrative situations, not descriptions of particular client matters or promises of an outcome.

1. Application awaiting decision

A complete chronology helps assess whether the delay is unjustified and whether proceedings are available.

2. Repeated document requests

The legal necessity of the requested evidence should be clarified before assuming that the application is ready for decision.

3. Discretionary refusal

An error in discretion may support an order for reconsideration rather than immediate approval.

4. Seasonal business

A permit needed before a fixed opening date may require separate urgent relief supported by specific facts and records.

Documents for the initial review

Please keep the complete correspondence, contracts, decisions and service records available. Identify any deadlines and the person coordinating information within your business. The initial review determines the correct procedure and the further evidence needed; it does not replace a filing with the court or authority.

Related guidance

Strategy and costs · Settlement · Enforcement

Legal framework

Administrative Court Procedure (VwGO) – 42 · Administrative Court Procedure (VwGO) – 75 · Administrative Court Procedure (VwGO) – 113 · Administrative Court Procedure (VwGO) – 123

Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.

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