A default complaint can be filed to prompt the administrative court to make a decision if the authority is tardy and thus violates its obligation to make a decision. If the complaint is filed, the authority has three months to make up for the decision. Only if the decision is not made up for does the authority have to submit the default complaint to the administrative court.
Entitled to file the default complaint is anyone who can claim to be entitled to assert the decision-making obligation in the administrative procedure. A default complaint can also be filed only if the authority has not decided on the matter within six months. The deadline starts from the time when the request for a decision is received. The default complaint is to be filed with the authority concerned.
Should the case arise that the administrative court is also tardy, there is the possibility of submitting a motion for setting a deadline to the Supreme Administrative Court.
