Prove legal commencement first
Obtain the complete application and evidence of receipt by the competent body. Without them, the period under section 8 VwGVG cannot be calculated reliably.
Authority does not decide: delay complaint in NAG proceedings
Delay complaint in NAG proceedings: six-month rule, authority responsibility, filing, later decision and the special case of quota deferral.
16 July 2026
Proceedings
Mag. Mirela Saric, Attorney at Law
If the NAG authority does not decide an application, a delay complaint can bring the breach of the duty to decide before the administrative court. More is required than a subjectively long wait.
Section 8 VwGVG generally provides a six-month decision period unless the applicable law sets a shorter or longer period. Time starts when the application for a substantive decision reaches the correct filing body.
The delay must also be predominantly attributable to the authority. A quota deferral, incomplete cooperation or periods excluded by law can change the assessment.
Six months is only the starting point
Section 8(1) VwGVG generally permits a delay complaint only where the authority has not decided within six months. A shorter or longer statutory decision period takes precedence.
Time begins when the application for a substantive decision reaches the body where it had to be filed. Booking an appointment, requesting information or preparing documents does not have the same effect.
The application, receipt, file number and competent authority therefore form the first level of review.
Delay must be predominantly attributable to the authority
Expiry alone is not sufficient in every case. Section 8 VwGVG provides for dismissal where the delay is not predominantly due to the authority.
Authority investigations, response times, later submissions and procedural obstacles should be placed on one chronology. A simple count of elapsed months cannot replace this assessment.
An improvement request may show missing cooperation, but does not automatically attribute every later period of inactivity to the applicant.
Quota deferral is a statutory special case
For quota-bound applications, section 12 NAG may require the authority to defer the decision. The Act expressly states that the deferral suspends the period under section 8 VwGVG.
Before filing, check the quota category, deferral notice, register status and duration. Our NAG glossary entry explains the statutory framework.
Not every long wait is a quota deferral. The actual procedural basis must be identifiable.
Content and filing of the delay complaint
Several items required for a complaint against a decision do not apply because no decision has been issued. The authority whose decision is sought must be identified, and expiry of the period must be made credible.
Until referral to the court, the complaint is filed with the inactive authority. The file should include application, receipt, later submissions, essential correspondence and a concise chronology.
Our NAG remedies topic page distinguishes delay complaints from complaints against a refusal.
The authority may still issue the decision
After the delay procedure begins, the authority may issue the omitted decision within a period of up to three months. If it does so, the delay procedure is discontinued.
If it does not, it forwards the complaint and file to the administrative court. The court may first decide material legal questions and instruct the authority to issue the decision within a period not exceeding eight weeks.
If the authority does not comply, the court decides the matter itself under section 28(7) VwGVG.
This file makes the duration verifiable
Collect the complete application, receipt, every improvement request, later submission, suspension or deferral notice and the latest status information.
Order them by date and match every request with the response. The procedure checklist provides a useful structure.
Also describe the substantive decision sought. A delay complaint concerns a specific pending application, not general dissatisfaction with processing time.
Common questions about delay complaints
Can I always complain after six months?
Six months is the default. Special decision periods, suspensions and predominant authority responsibility must also be examined.
Where is the delay complaint filed?
Until referral to the administrative court, it is filed with the authority whose decision remains outstanding.
What happens after filing?
The authority may issue the decision within up to three months. Otherwise it forwards the complaint and file to the administrative court.
Does quota deferral count toward six months?
A lawful deferral under section 12 NAG expressly suspends the period under section 8 VwGVG. Its legal basis and duration must be checked.