Latest Judgments of the Federal Court
Here you will find the most recent judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositive parts. For the other judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
5A_107/2025: Jurisdiction in the action for correction of the land register
Summary of the Facts
The plaintiffs, spouses B.B. and C.B., purchased an apartment in 2021 and discovered that a legal mortgage was registered on their co-ownership share of the property, which was based on a public fee for connection costs. Since they consider the legal title of this mortgage to be invalid, they demanded its removal by filing a lawsuit for correction of the land register according to Art. 975 ZGB. The defendant A.________ – a public law foundation – argued that the lawsuit falls under public cantonal law, thus only an administrative authority would be competent.
Summary of the Considerations
- **E.1:** The Federal Court confirms that the plaintiffs' action is a correction of the land register according to Art. 975 ZGB, which falls under the jurisdiction of civil courts. - **E.2:** The Federal Court clarifies that the civil judge can review the question of the legal validity of a public legal title that forms the basis for the registration of a mortgage as a preliminary question, even if the title is of a public law nature. - **E.3:** The plaintiffs have not received a formal administrative decision regarding the mortgage, so there are no connecting points for the jurisdiction of the administrative authorities. - **E.4:** The court of first instance (Geneva Civil Court) rightly confirmed its jurisdiction.
Summary of the Dispositive Part
The appeal was dismissed, and the costs were imposed on the defendant.
8C_614/2024: Decision on supplementary benefits for AHV/IV and procedural costs
Summary of the Facts
The complainant has been receiving supplementary benefits from the Neuchâtel cantonal compensation office (CCNC) since 2019. The dispute concerns the amount of these supplementary benefits, particularly the consideration of a hypothetical income of his wife, as well as the obligation to cover procedural costs. The complainant repeatedly filed complaints at the cantonal and federal levels without success, with his arguments being assessed multiple times.
Summary of the Considerations
1. The complaints are formally admissible and submitted in a timely manner. 2. The Federal Court confirmed that the hypothetical income of the wife was calculated based on the Swiss wage structure survey (ESS), and that no unlawful criteria were applied. According to the lower courts, no personal circumstances justified a reduction. 3. The procedural costs were borne by the complainant. His arguments were largely repetitions from earlier proceedings and had no promising basis. The lower court acted lawfully when it classified the complainant's conduct as querulous (tending to be frivolous). 4. The complaints were dismissed as obviously unfounded, and the complainant had to bear the court costs.
Summary of the Dispositive Part
The complaints are dismissed, and the court costs are imposed on the complainant.
2C_455/2024: Decision regarding the refusal to renew residence permits and expulsion from Switzerland
Summary of the Facts
The case concerns three persons (a mother and her two minor children) who filed a complaint against the cantonal decision not to extend their residence permits and to expel them from Switzerland. The father of the third child, a German with a residence permit, lives in Switzerland but is not married to the mother and does not exercise parental custody. Furthermore, the individuals have been receiving social assistance for years and do not meet the requirements for residence under the relevant national and international legal norms.
Summary of the Considerations
1. Admissibility of the legal remedy (E.1): The Federal Court is competent to examine the complaint in public law matters, as there could potentially be claims arising from the Agreement on the Free Movement of Persons (ALCP). The subsidiary constitutional appeal is inadmissible. 2. Right of residence under Art. 6 and Art. 24 Appendix I ALCP (E.4): The children could theoretically receive a residence permit under ALCP if their caregiver (the mother) could demonstrate sufficient financial resources. Since the family receives social assistance, the requirement for financially independent residence is not fulfilled. 3. Right of residence according to Art. 7 ALCP and Art. 3 Appendix I ALCP (E.5): The third complainant cannot assert a right to family reunification with his father, as there is no joint household. 4. Right of residence according to Art. 8 ECHR (E.6): Since there are no close personal and financial relationships between the third complainant and his father, no claim to residence can be derived from the guarantee of family life. 5. Review according to Art. 50 para. 1 and 2 AuG/LEtr (E.7): The mother does not meet the criteria for serious personal reasons that would justify a further residence permit. Her possibility of reintegration in Kosovo is considered not strongly impaired.
Summary of the Dispositive Part
The legal remedy is dismissed, and no court costs are imposed.
4D_74/2025: Judgment on definitive legal opening
Summary of the Facts
The complainant opposed two legal opening decisions of the Regional Court of Bern-Mittelland and later the rejection of his complaints by the Cantonal Court of Bern. It concerned the definitive legal opening in two enforcement proceedings for cantonal, municipal, and federal taxes as well as reminder fees and default interest.
Complete summary of the judgment can be found in the Portal.
6B_271/2025: Decision on a complaint regarding defamation and procedural issues
Summary of the Facts
The complainant A.A.________ was found guilty by the Cantonal Court of Lucerne at second instance of defamation and sentenced to a conditional fine of 5 daily rates of CHF 170.-- with a probation period of two years. In addition, her requests for compensation and/or damages were dismissed. Before the Federal Court, the complainant raised numerous procedural grievances, including a violation of the right to be heard, discrimination, and bias.
Complete summary of the judgment can be found in the Portal.
1C_598/2024: Building permit for a mobile phone facility
Summary of the Facts
The municipality of Steinhausen granted B.________ AG a building permit for a mobile phone facility on a residential building at U.________strasse. The interest group A.________ filed objections against the building application and the decision granted, which were ultimately dismissed by the Administrative Court of the Canton of Zug. The interest group then filed a public law complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
4D_70/2025: Non-acceptance of a complaint due to lack of cost advance
Summary of the Facts
The complainant filed a complaint with the Federal Court after a decision by the Cantonal Court of Valais (of 10.03.2025). Since he neither paid the requested cost advance of CHF 500.– on time nor within the extension period, the Federal Court did not accept the complaint according to Art. 62 para. 3 BGG. Furthermore, the complaint obviously did not meet the requirements of Art. 42 para. 2 BGG.
Complete summary of the judgment can be found in the Portal.
9C_61/2025: Decision on a disability insurance benefit
Summary of the Facts
The minor insured A.________, born in 2015, suffers from Down syndrome, associated with significant visual impairments. Her parents applied in November 2022 for the granting of a disability compensation for minors. After an examination, the disability insurance office of the Canton of Geneva (Office AI) recognized a moderate degree of helplessness retroactively from November 1, 2021. The cantonal instance converted this into severe helplessness and ordered a supplement for intensive care of 6 hours of additional daily effort, against which the Office AI appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_294/2025: Decision on the admissibility of a complaint in the field of disability insurance
Summary of the Facts
The Federal Court is dealing with a complaint from A.________, a Serbian citizen of Kosovar origin, against the rejection of his claim for disability benefits by the disability insurance office of the Canton of Ticino. The lower court had rejected the claim for a regular pension as well as for an extraordinary pension due to lack of legal requirements. A.________ approached the Federal Court with a request to overturn the cantonal judgment and to conduct new medical investigations.
Complete summary of the judgment can be found in the Portal.
6F_11/2025: Decision regarding a request for revision and a request for free legal assistance
Summary of the Facts
The complainant requested the revision of an earlier judgment of the Federal Court (6B_893/2024 of November 26, 2024), in which his appeal was declared inadmissible and he was denied free legal assistance. He argued that he had been inadequately heard and needed the support of a lawyer. The Federal Court pointed out that the applications must meet formal and substantive requirements. Subsequently, the complainant again requested the revision and sought free legal assistance as well as the appointment of an official lawyer by providing medical documents.
Complete summary of the judgment can be found in the Portal.
4A_111/2025: Tenancy law: Validity of an extraordinary termination due to tenant's violations
Summary of the Facts
The complainant caused noise and odor emissions over several years, significantly disturbing the coexistence with other tenants. Despite warnings, he continued his behavior, prompting the landlord to terminate the lease with an extraordinary termination.
Complete summary of the judgment can be found in the Portal.
6B_797/2024: Inadmissibility of evidence regarding murder
Summary of the Facts
The complainant, A.________, was convicted by the District Court of Broye and Nord Vaud of attempted murder, endangerment of life, attempted coercion, violations of the Weapons Act and the Narcotics Act. The sentence included, among other things, a prison sentence of 84 months and reparations to the two victims B.B.________ and C.B.________. The Cantonal Court dismissed an appeal by A.________, but additionally found him guilty of attempted coercion and ordered outpatient therapy. A.________ then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9F_8/2025: Decision on a revision concerning value-added tax
Summary of the Facts
The company A.________ SA, a joint stock company based in Geneva and subject to value-added tax since 1999, requested a revision of a federal court ruling from 2021 that confirmed the VAT corrections for the tax periods 2011–2014. The corrections involved a purported reimbursement of CHF 3,868,000 in the context of a real estate project. The company relied on newly presented evidence, including two emails and corresponding attachments from 2016, which were only discovered in 2025.
Complete summary of the judgment can be found in the Portal.
6B_225/2024: Judgment on the complaint in criminal matters regarding negligent causing of a fire
Summary of the Facts
A.________ operated a Swedish stove in her apartment, causing a fire that damaged the roof structure and the apartment, resulting in property damage of CHF 200,000. She was convicted in the first instance and later by the Cantonal Court of Zurich for negligent causing of a fire according to Art. 222 para. 1 StGB to a conditional fine of 90 daily rates, confiscation and destruction of the Swedish stove, and payment of damages of CHF 139,855 to the building insurance of the Canton of Zurich. A damage claim from B.________ AG was referred to civil proceedings.
Complete summary of the judgment can be found in the Portal.
9C_249/2025: Inadmissibility of the complaint in the field of mandatory health insurance
Summary of the Facts
The health insurance Helsana refused to reimburse accident costs since 2013 due to the residence of the complainants in the USA and declared their health insurance retroactively invalid. Previously partially addressed by the Federal Court in an earlier decision (9C_689/2020), the case was decided negatively for the complainants again after a new hearing by the Cantonal Court. The current complaint to the Federal Court does not meet the legal requirements and will therefore not be further examined.
Complete summary of the judgment can be found in the Portal.
6B_399/2025: Decision on the inadmissibility of a complaint in criminal matters
Summary of the Facts
A.________ filed a complaint against a judgment of the Cantonal Court of Fribourg, which partially acquitted and partially convicted him. He is accused of defamation, insult, attempted coercion, coercion, and preventing an official act, among other things. He was sentenced to imprisonment and fines as well as to pay compensation for non-material damage. The Federal Court declared the complaint inadmissible due to formal and substantive deficiencies.
Complete summary of the judgment can be found in the Portal.
4A_198/2025: Decision on the inadmissibility of free legal assistance in a tenancy law procedure
Summary of the Facts
The complainant challenged a termination of his lease and requested free legal assistance for the procedure. The Cantonal Court of Schaffhausen denied the chances of success of the claim and rejected the application. This decision was appealed to the Federal Court. Points of contention included the termination of the lease, the reimbursement claim for ancillary costs, and free legal assistance.
Complete summary of the judgment can be found in the Portal.
6B_901/2024: Judgment regarding expulsion and its announcement in the Schengen Information System
Summary of the Facts
The respondent A.________ was convicted by the District Court of Zurich for unlawful receipt of social security benefits (Art. 148a para. 1 StGB) to a conditionally enforceable fine and an expulsion for five years. The probation period was set at three years. The Cantonal Court of Zurich changed the first instance judgment, reduced the fine to 90 daily rates, and waived the expulsion. The appeal of the Zurich Public Prosecutor’s Office aimed to restore the expulsion. The Federal Court examined in particular the question of serious personal hardship and the balancing of interests according to Art. 66a para. 2 StGB.
Complete summary of the judgment can be found in the Portal.
6B_149/2025: Judgment on the complaint regarding penalty assessment, expulsion, and announcement in SIS
Summary of the Facts
The Afghan citizen A.________ is accused of multiple, partly attempted thefts as well as other offenses. He was sentenced by the District Court of Aarau or later by the Cantonal Court of Aargau to a prison sentence of 12 months and a fine of CHF 3,500. In addition, a five-year expulsion was ordered and the entry in the Schengen Information System (SIS) was added in the appeal process. A.________ appealed this judgment to the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_605/2024: Building permit for mobile phone facility in Steinhausen
Summary of the Facts
A mobile phone facility is to be constructed in Steinhausen on a residential building. The construction project led to objections, which were initially rejected by the municipality and cantonal authorities. A landowner, A.________, pursued her objections through all levels up to the Federal Court, which decided on the matter.
Complete summary of the judgment can be found in the Portal.
4D_84/2025: Inadmissibility of a complaint in civil matters due to the amount in dispute
Summary of the Facts
The complainant filed a complaint against the decision of the Cantonal Court of Zurich, which had not considered his legal requests regarding legal opening and his application for free legal assistance. The Federal Court had to examine whether the filed complaint in civil matters was admissible according to Art. 74 BGG or whether a subsidiary constitutional complaint is possible.
Complete summary of the judgment can be found in the Portal.
6B_372/2025: Non-acceptance of a complaint in a juvenile criminal procedure
Summary of the Facts
The complainant (A.________) filed an objection against a penal order from the youth prosecution office of Limmattal/Albis. The youth court of the district of Horgen did not accept it. Subsequently, the complainant approached the Cantonal Court of Zurich, which also did not accept her submissions because the justification was missing or submitted late. The complainant then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
4F_17/2025: Revision of a Federal Court judgment regarding tenant eviction
Summary of the Facts
The applicant A.________ requested the revision of a Federal Court judgment from March 24, 2025 (4A_141/2025), which had not allowed a complaint regarding tenant eviction. The submission also contained an "EX OFFICIO - EX TUNC Nullity Notice," which the Federal Court accepted as a revision request.
Complete summary of the judgment can be found in the Portal.
2C_260/2025: Inadmissibility of a public law dispute in connection with disciplinary proceedings against a lawyer
Summary of the Facts
The complainant A.________ approached the Commission of the Bar Association of the Canton of Geneva regarding a personal conflict with her former partner B.________. She filed a disciplinary complaint against the guardian appointed by the authority for her daughter and made further requests. The commission dismissed her applications, which was confirmed in further instances, lastly by the cantonal administrative justice. A.________ brought the case to the Federal Court and raised allegations of violation of her fundamental rights as well as systematic injustice (Art. 29 BV, Art. 6, 8, 11, 12, and 13 ECHR).
Complete summary of the judgment can be found in the Portal.
6B_113/2025: Decision on attempted intentional homicide and self-defense
Summary of the Facts
On December 19, 2020, a physical altercation occurred in the house "C.________" in V.________ between A.________ and B.________. During this, A.________ allegedly inflicted injuries to the neck of the opposing party with a bread knife. The cantonal authorities convicted A.________ for attempted intentional homicide and excessive self-defense.
Complete summary of the judgment can be found in the Portal.
7B_537/2025: Judgment on the order of pre-trial detention
Summary of the Facts
The Regional Public Prosecutor's Office of Berner Jura-Seeland is investigating A.________ for sexual acts with children and pornography. He is accused of having sexually abused children between 2006 and 2012 and between 2017 and 2022. The Regional Precautionary Measures Court has placed him in pre-trial detention until July 28, 2025. A.________ appealed this decision to the Cantonal Court, which was dismissed on May 23, 2025. He then filed a complaint in criminal matters with the Federal Court and requested release from detention.
Complete summary of the judgment can be found in the Portal.
4A_52/2025: Trademark lawsuit by the plaintiff
Summary of the Facts
The plaintiff, A.________ Inc., a US company, requested before the Commercial Court of the Canton of Bern to declare the Swiss and international trademark registrations of the defendant, B.________ GmbH, invalid. The Commercial Court dismissed the lawsuit on the grounds that the disputed trademarks were not required to be kept free, distinctive, and had been used in a manner that maintained their rights during the relevant period. Against this judgment, A.________ Inc. filed a civil complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
4D_76/2025: Decision on the consolidation and non-acceptance of complaints in legal opening procedures
Summary of the Facts
The complainant A.________ filed complaints against two judgments of the Cantonal Court of Zurich, which confirmed definitive legal opening in enforcement proceedings for outstanding tax claims. Two separate proceedings (4D_76/2025 and 4D_78/2025) were opened. The complainant was required to pay a cost advance, which was not paid in time. The proceedings concern the same parties and similar legal issues.
Complete summary of the judgment can be found in the Portal.
6B_551/2025: Inadmissibility of a criminal appeal due to insufficient reasoning
Summary of the Facts
A.________ filed a criminal appeal against a judgment of the Cantonal Criminal Chamber of Geneva dated May 5, 2025. The cantonal instance had found A.________ guilty of defamation, among other things, and sentenced him to a fine of 60 daily rates and additional sanctions. However, the reasoning of the appeal lacked sufficient engagement with the lower court's decision.
Complete summary of the judgment can be found in the Portal.
6B_375/2025: Judgment on limitation and evidentiary assessment in a sexual offense proceeding
Summary of the Facts
In the present case, the complainant was convicted by the Cantonal Court of Lucerne for several sexual acts with a child. He received a prison sentence of 2 years and 5 months, which was imposed as an additional sentence to an earlier judgment. The complainant filed an appeal against this judgment, arguing that the offenses were time-barred and that certain pieces of evidence that should prove his innocence were not taken into account.
Complete summary of the judgment can be found in the Portal.
9C_107/2024: Judgment on pension entitlement in occupational pension schemes
Summary of the Facts
The incapacity to work of A.________ began due to psychological and later also rheumatological complaints. The pension fund argued that the complaints during the insurance period were neither sufficiently documented nor had the working capacity been restricted to a meaningful extent. According to the pension fund, a retroactive assumption of the date of occurrence was not sufficient.
Complete summary of the judgment can be found in the Portal.
9C_125/2025: Customs and VAT liability: Recovery in case of unauthorized meat imports
Summary of the Facts
A.________ Sàrl, a fast food company in Geneva, was found to have imported meat-containing goods from abroad without fulfilling the customs or VAT obligations. This was uncovered through controls in January 2019 by the Federal Customs Administration. The company was subsequently charged with a demand for customs and VAT totaling CHF 60,337.70. The decision of the Customs Administration was confirmed by the Federal Administrative Court. The company appealed to the Federal Court, disputing its role as an importer and its complicity in the customs violation.
Complete summary of the judgment can be found in the Portal.