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 dispositives. 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.
7B_212/2023: Referral to determine jurisdiction for the annulment of procedural acts according to Art. 60 para. 1 StPO
Summary of the Facts
Several proceedings against two defendants on charges such as fraud, breach of trust, and false statements were conducted by Prosecutor C.________. Among other things, secret telephone surveillance was ordered, during which attorney-client conversations were recorded and partially used. Subsequently, the prosecutor was excluded from the criminal proceedings by the cantonal appeal chamber of the Republic and Canton of Geneva due to bias. The defendants then requested the annulment of all procedural actions in which the prosecutor was involved and appealed against the rejection of further requests for retroactive effect of the rejection as well as against the exclusion of further participants. The Federal Court had to clarify who has jurisdiction to decide on the request according to Art. 60 para. 1 StPO.
Summary of the Considerations
The Federal Court confirms that the prosecutor was considered biased due to repeated violations of her duties, particularly regarding the disregard of the professional secrecy of defenders. The cantonal instance rejected its jurisdiction to annul the procedural actions as the prosecutor's cases are now pending before the appellate court. The Federal Court clarifies that the appellate instance is responsible for reviewing and deciding on the annulment of procedural actions according to Art. 60 para. 1 StPO when the criminal proceedings are pending before the appellate instance after the judgment has been issued in the first instance. This serves the economy of the process, as the appellate instances have a comprehensive review framework with full review of the facts and law. The Federal Court overturns the contested decisions regarding the requests for annulment of procedural actions according to Art. 60 para. 1 StPO and refers the matter back to the cantonal instance so that it can forward the requests to the competent appellate instance.
Summary of the Dispositive
The appeals were partially upheld, and the matter was referred back for reevaluation.
8C_586/2024: Judgment on Invalidity Pension (IV)
Summary of the Facts
The plaintiff, born in 1972, filed a pension request with the IV office of the Canton of St. Gallen. This led to a legal dispute over the granting of an invalidity pension. The main point was the assessment of work ability based on psychiatric diagnoses and the determination of the degree of disability.
Summary of the Considerations
1. (E.1) The legal review program for complaints in public law matters is explained, particularly regarding the presumption of the correctness of the facts as established by the lower instance, as well as the evaluation of evidence in expert reports.
2. (E.2) Intertemporal legal issues are discussed with regard to the further development of the IV and the application of old or new legal provisions. The lower instance correctly laid out the legal basis for the concept of invalidity.
3. (E.3) The evidential value of the expert report is examined. The lower instance established the beginning and end of the psychologically induced inability to work. The Federal Court criticizes the assessment of the end of the inability to work, as it was not adequately justified and the RAD doctor had provided a differing assessment.
4. (E.4) The plaintiff's complaint regarding the timing of the regaining of work ability is supported. The lower instance should have conducted further medical clarifications, violating the principle of investigation. The matter is therefore referred back to the IV office.
5. (E.5) Cost regulation and referral regarding the allocation of costs in the cantonal proceedings.
Summary of the Dispositive
The complaint was partially upheld, and the IV office must conduct further clarifications and reimburse costs.
8C_508/2024: Invalidity Pension after Re-registration with the Invalidity Insurance
Summary of the Facts
The complainant, born in 1978, first registered with the invalidity insurance in 2009 due to a physical impairment, but his claim for benefits was denied. After a re-registration in 2018 due to mental illnesses, the IV office denied the claim for an invalidity pension in 2023. The Cantonal Court of Lucerne confirmed this decision in 2024. The complainant requested the granting of a full pension or a referral for reevaluation.
Summary of the Considerations
**E.1**: Conducting a second round of written exchanges is not necessary in light of the clear outcome of the proceedings. **E.2**: The Federal Court examines legal issues ex officio, whereby the facts established by the lower instance are generally binding unless they are obviously incorrect or violate the law. **E.3**: For the assessment of a pension claim after re-registration, the procedure for a pension revision applies analogously. The lower instance correctly states that a relevant deterioration in health since the first registration has not been proven. **E.4**: The medical records, in particular the psychiatric report by Dr. med. E.________, are considered decisive. This report certifies a work ability of 70% in the usual occupation, and a higher limitation could not be proven. **E.5**: The complainant's objections regarding the evidential value of the expert report and the findings of the lower instance are unfounded. Doubts are not sufficient for a change of the decision, especially since the lower instance has applied the relevant legal and medical principles correctly.
Summary of the Dispositive
The complaint was dismissed; free legal aid and compensation for the legal representative were granted.
8C_194/2025: Inadmissibility of a Legal Remedy due to Failure to Pay Advance
Summary of the Facts
The A.________ Sàrl was to refund overpaid unemployment benefits according to decisions of the cantonal authorities and courts. It eventually filed a complaint with the Federal Court but failed to make the timely payment of the prescribed advance and repeatedly requested extensions, without demonstrating sufficient special circumstances.
Complete summary of the judgment can be found in the Portal.
8C_510/2024: Judgment regarding the Claim for Benefits from Invalidity Insurance and Recovery by the Employer
Summary of the Facts
A 1957-born insured person, who holds a degree in economics and worked full-time until 2015, submitted a benefit request to the invalidity insurance. Following investigations by the cantonal IV office of Wallis, including medical expert opinions, she was granted a time-limited IV pension with various gradations. The employer demanded the reimbursement of the pension for periods during which the insured continued to receive salary. The insured challenged this decision as well as the rejection of professional reintegration measures. The cantonal instances and later the Federal Court denied the claim for an uninterrupted full IV pension, as well as the claim for professional reintegration measures and the recovery of the pension amount by the employer.
Complete summary of the judgment can be found in the Portal.
8C_13/2025: Support Residence of Foster Children and Social Assistance Jurisdiction
Summary of the Facts
The children A.A.________ and B.A.________, whose mother C.A.________ no longer effectively exercised care and parental authority due to a therapy crisis and a breakdown, were permanently placed in foster care. The city of Chur stopped its social assistance services, invoking the jurisdiction of the Canton of Zurich. The Administrative Court of Graubünden ordered the city of Chur to continue social assistance payments, referencing the support residence of the children. The city of Chur then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_244/2025: Decision on the Inadmissibility of a Legal Remedy in the Area of Invalidity Insurance
Summary of the Facts
The complainant A.________ submitted a request to the Federal Court on April 30, 2025, related to the rejection of her earlier legal remedy by the lower instance. This submission concerned a decision of the Office de l'assurance-invalidité for the Canton of Vaud, based on an expertise from October 2023. The complainant argued that her personal and medical situation had significantly worsened since then. She cited new diagnoses and events such as surgery and a substantial worsening of depression.
Complete summary of the judgment can be found in the Portal.
5A_163/2025: Decision on Free Legal Aid in a Subsequent Procedure for the Division of a Pension Fund
Summary of the Facts
The complainant requested the amendment of a foreign divorce judgment, specifically the division of the pension fund of her former spouse. At the same time, she requested free legal aid, including free legal representation. The District Court of Zurich denied her this, and later the Cantonal Court of Zurich confirmed this rejection, leading the complainant to appeal to the Federal Court.
Complete summary of the judgment can be found in the Portal.
4F_14/2025: Request for Revision against a Federal Court Judgment concerning Definitive Legal Opening
Summary of the Facts
The A.________ GmbH in liquidation requested a revision of the Federal Court judgment 4D_40/2025 from April 9, 2025, in which the Federal Court did not consider its complaint regarding a definitive legal opening in the amount of CHF 7,900. The applicant claims that the claim has been settled by compensation and requested a referral back to the cantonal instance.
Complete summary of the judgment can be found in the Portal.
9C_318/2025: Decision of the Federal Court regarding Formal Requirements of a Complaint
Summary of the Facts
A.________ filed a complaint with the Administrative Court of the Canton of Glarus, which was declared void due to the local lack of jurisdiction of the court and transferred to the Administrative Court of the Canton of Bern. A.________ then filed a complaint against this decision with the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_122/2025: Decision of the Federal Court regarding a Divorce Proceeding with Disputes over Property Issues
Summary of the Facts
The Federal Court assesses the dispute between A.________ and B.________ (both born in 1960), who after a marital separation in September 2016 and a unilateral divorce request by the wife in June 2019 dispute the liquidation of their property relations. Following a decision by the first instance court and a partial decision by the cantonal appellate instance, both parties assert claims for adjustment of the property settlement. Main points of contention include repayments of monetary amounts, division of investments, and financial responsibility for maintenance based on previous marital agreements.
Complete summary of the judgment can be found in the Portal.
9C_344/2025: Judgment on Inadmissibility due to Insufficient Grounds for Complaint
Summary of the Facts
The complainant A.________, born in 1957, had been granted a half-invalidity pension effective from January 2022 to August 2022 after a re-registration with the IV office of the Canton of Zurich. Prior requests for aids and compensation for disability had been rejected. The Social Insurance Court of the Canton of Zurich dismissed the complaint directed against this. A.________ then filed a complaint in public law matters before the Federal Court, requesting the granting of a full invalidity pension and free legal aid.
Complete summary of the judgment can be found in the Portal.
9C_41/2025: Claim for Death Capital in Professional Pension Scheme
Summary of the Facts
A.B., insured with the pension fund B., passed away on May 21, 2023, after being granted a full invalidity pension effective from January 1, 2023, due to a disability degree of 100%. The legal heirs, his father and brother, requested the payment of death capital according to the regulations of the pension fund, which was refused. The Social Insurance Court of the Canton of Zurich dismissed the lawsuit for payment.
Complete summary of the judgment can be found in the Portal.
8C_23/2025: Judgment on Invalidity Pension and Table Wage Deductions
Summary of the Facts
A.________, born in 1993, suffered a polytrauma in 2018 as a result of an accident, for which he was granted benefits according to UVG by Suva. From 2019, he was awarded an invalidity pension by the IV office of the Canton of Zurich, which was set at 57% of a full invalidity pension starting December 2022. The Social Insurance Court of the Canton of Zurich partially overturned this decision and increased the pension claim to 62% of a full invalidity pension effective from December 1, 2022. The IV office appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_761/2024: Judgment on a Dispute in the Context of Divorce
Summary of the Facts
A.________ and B.________, both German nationals, ended their marriage in 2019. The divorce proceedings included, among other things, the sale of a jointly owned house, the distribution of the sale proceeds, and the financing of renovation work on the property after the initiation of the divorce. A.________ requested compensation for the costs incurred for the renovation.
Complete summary of the judgment can be found in the Portal.
9C_246/2025: Complaint against an Interim Decision of the Social Insurance Court of Basel-Stadt regarding Recusal Request
Summary of the Facts
The complainant A.________ filed a complaint against an interim decision of the Social Insurance Court of Basel-Stadt, in which his request for recusal against the court president B.________ was rejected. The grounds for recusal referred to alleged prior involvement and hostility (Art. 47 ZPO). The cantonal court denied these points. The complainant further objected to a perceived erroneous billing by the SWICA health organization, but did not substantively address the considerations of the lower instance.
Complete summary of the judgment can be found in the Portal.
7B_433/2025: Inadmissibility of a Legal Remedy due to Lack of Power of Attorney
Summary of the Facts
A.________ withdrew his appeal against a judgment of the Geneva Criminal Execution Court, which had revoked his outpatient treatment order and ordered his return to prison. His defense attorney, Me B.________, subsequently filed a complaint in criminal matters with the Federal Court on behalf of A.________, but was unable to present a signed power of attorney.
Complete summary of the judgment can be found in the Portal.
4F_11/2025: Decision regarding the Request for Revision of a Judgment
Summary of the Facts
The applicant filed a request for revision against the Federal Court judgment of April 2, 2025 (4D_38/2025). Originally, the Cantonal Court of St. Gallen had decided on a request for legal opening. The Federal Court had not admitted the applicant's previous complaint. The revision request was assessed by the Federal Court, which raised procedural deficiencies and constitutional rights.
Complete summary of the judgment can be found in the Portal.
5A_489/2025: Non-payment of Cost Advance in the Context of a Complaint for Denial of Justice
Summary of the Facts
The complainant filed a complaint against the KESB Schaffhausen, which was not addressed by the Cantonal Court of Schaffhausen in its decision of May 27, 2025, because the complainant had not made the cost advance even after the deadline. In a submission dated June 18, 2025, the complainant addressed the Federal Court "on behalf of his minor daughter".
Complete summary of the judgment can be found in the Portal.
2D_14/2024: Decision on the Applicability of Primary Legal Protection in Case of Awarding a Contract in Violation of Procurement Law
Summary of the Facts
The municipal school authority of Wängi published a tender for new construction, conversion, and renovation work. The A.________ AG submitted its offer before the deadline and ranked first in the evaluation of the bids. Nevertheless, it was excluded because the offer was allegedly submitted late due to a missing time indication. The awarding authority then concluded the contract with another provider on the first day after the expiry of the complaint deadline, which violates the holding period regulation of the IVöB. The Administrative Court of the Canton of Thurgau declared the exclusion of the complainant unlawful but refrained from further sanctions. The A.________ AG appealed to the Federal Court to assert the invalidity of the contract concluded.
Complete summary of the judgment can be found in the Portal.
8C_747/2024: Judgment on Invalidity Pension and Income Comparison after an Accident
Summary of the Facts
A.________, who suffered a polytrauma due to a quad accident, was granted an invalidity pension of 52% incapacity for work and an integrity compensation of 55% by Suva. The Social Insurance Court of the Canton of Zurich increased the incapacity for work to 57%. A.________ filed a complaint with the Federal Court and requested an invalidity pension based on higher incapacity for work and the collection of an expert opinion.
Complete summary of the judgment can be found in the Portal.
5A_447/2024: Decision on the Amount of Maintenance Payments during Divorce Proceedings
Summary of the Facts
The separated spouses A.________ and B.________ are disputing the amount of maintenance payments during separation and divorce proceedings. This particularly concerns the contributions for the children C.________ and D.________ as well as for the wife A.________. After several cantonal decisions and a previous referral decision by the Federal Court, the amount of these contributions was re-examined based on the financial circumstances of both parties.
Complete summary of the judgment can be found in the Portal.
5D_5/2025: Decision on Party Compensation for a Free Legal Representative
Summary of the Facts
The complainant, a free legal representative, requested party compensation from the Cantonal Court of Aargau for a complaint procedure concerning the determination of her fee. The Cantonal Court denied the compensation, referring to the case law on self-representation in legal matters. With a subsidiary constitutional complaint, she requested the annulment of the decision and the granting of party compensation.
Complete summary of the judgment can be found in the Portal.
2D_8/2025: Withdrawal of a Legal Remedy concerning Public Procurement Procedure in the Canton of Ticino
Summary of the Facts
A public competition was announced in the Canton of Ticino for the construction of a footbridge. The contract was awarded to the consortium H.________, which was contested by the consortium A.________. The cantonal Administrative Court confirmed the award. The consortium A.________ subsequently filed a subsidiary constitutional complaint with the Federal Court but later withdrew it.
Complete summary of the judgment can be found in the Portal.