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New Federal Court rulings from 18.07.2025

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 additional judgments, you will find a summary of the facts. Complete summaries of all judgments are available on the Lexplorer portal. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.

7B_295/2025: Non-admission of a supervisory complaint and criminal report

Summary of Facts

A.________ submitted several complaints and requests to the Administrative Court of the Canton of Zurich on March 17, 2025, including a request for the initiation of criminal proceedings against employees of the social authority in Wallisellen and other authorities, as well as requests for damages and free legal aid. The Administrative Court did not admit the complaints due to lack of jurisdiction and rejected the request for free legal aid due to obvious hopelessness. A.________ then filed a criminal complaint with the Federal Court.

Summary of Considerations

**E.1**: The Administrative Court of the Canton of Zurich argued that it was not competent for criminal matters and the initiation of criminal proceedings. A duty to forward to the competent authority only exists for submissions that are time-bound, which was not the case here. **E.2**: The Federal Court found that A.________ did not meet the requirements according to Art. 42 para. 2 BGG. He presented his point of view without sufficiently demonstrating how the lower court allegedly violated applicable law. **E.3**: The complainant was again made clear that the Federal Court is not a general supervisory authority and cannot conduct investigations or impose sanctions outside of pending proceedings (reference to judgment 2C_197/2025 of May 19, 2025).

Summary of Dispositive Part

The complaint was dismissed and the court costs were imposed on the complainant.


8C_551/2024: Judgment on accident insurance (causal connection)

Summary of Facts

The complainant, A.________, was occupationally accident insured with Suva as a postbus driver. After a traffic accident on June 29, 2022, he was granted medical treatments and daily allowances. By decision of July 6, 2023, Suva discontinued the benefits, including an invalidity pension and a compensation for integrity, as there was no sufficient medical basis justifying further benefits. Following the decision on the objection and the cantonal judgment, the insured unsuccessfully turned to the Federal Court to obtain benefits beyond July 7, 2023. The main point of dispute was the natural and adequate causal connection between the accident and the complaints, particularly psychological consequences.

Summary of Considerations

- **E.1:** The complaint in public law matters is based on Articles 95 and 96 BGG. The Federal Court examines violations of law ex officio, but only within the challenged defects.
- **E.2:** The court confirms the correct application of the principles regarding natural and adequate causal connections as well as evidence evaluation. It was crucial that according to medical reports there were no sufficiently objectifiable accident consequences. An adequacy test was conducted according to the whiplash trauma case law, as psychological complaints were documented.
- **E.3:** The lower court considered the medical file and the reports from internal insurance doctors, who did not suggest any further promising treatments. The psychological complaints were assessed as not adequately accident-caused, as at most two criteria of the whiplash trauma case law were met, which did not establish any obligation to provide benefits.
- **E.4:** The requested further clarification of the facts through a multidisciplinary report was rejected, as there were no indicative organic accident consequences. The Federal Court relied on the detailed documentation and correctly applied legal standards of the lower court.

Summary of Dispositive Part

The complaint was dismissed and the court costs were imposed on the complainant.


9C_109/2024: Decision on taxable profit from real estate sales

Summary of Facts

This case concerns the taxation of a real estate profit. The complainants sold two properties, first one in the Canton of Vaud (acquired in 1998, sold in 2012) with a tax-deferred profit and later the replacement property in the Canton of Geneva (acquired in 2011, sold in 2021). The tax office of the Canton of Geneva assessed the taxable profit at CHF 1,366,520, which is due to the original tax deferral of the profit from the Vaud property. The taxpayers argued that the profit was calculated too high and cited additional costs and a value adjustment.

Summary of Considerations

- **E.1:** The complaint is admissible. The enforcement conditions according to the Federal Court Act (BGG) are fulfilled. Both the amount of the taxable profit and the determination of the acquisition value are being challenged. - **E.2:** The Federal Court examines the application of law ex officio according to Art. 106 para. 1 BGG, whereby cantonal regulations can only be investigated in cases of clearly and detailed stated violations (Art. 106 para. 2 BGG). - **E.3:** The dispute primarily concerns the calculation of the taxable profit, particularly the consideration of additional acquisition costs and the application of cantonal regulations for the adjustment of the acquisition value. - **E.4:** According to the Federal Court, the Canton of Geneva has jurisdiction over the final taxation of the entire profit. The profit from the Vaud property is considered uniformly, and there is no legal basis for a deduction from the loss of the replacement property. The approach to increase the acquisition value by 30% according to Geneva law is possible but was not examined by the lower court. - **E.5:** The consideration of further acquisition costs (CHF 112,000 and CHF 92,380) was not sufficiently examined by the lower court and must be clarified. - **E.6:** The case is referred back to the lower court for the recalculation of the taxable profit under the application of all relevant cantonal provisions, including a possible adjustment of the acquisition value and recognition of further costs.

Summary of Dispositive Part

The appeal is granted, the previous judgment is overturned, and the case is referred back for reevaluation of the taxable profit calculation.


6B_166/2025: Judgment on sentencing, conditional execution of sentence, and expulsion

Summary of Facts

The complainant, a North Macedonian national, was convicted in the lower court for rape, assault, and other offenses such as violence and threats against officials and authorities, repeated insults, and an offense against the weapons law. As a consequence, a prison sentence of 46 months and a five-year expulsion (including SIS registration) were ordered. The complainant challenged the sentencing as well as the order for expulsion and requested a lenient decision.


9C_128/2022: Judgment on economic efficiency control in health insurance

Summary of Facts

The health insurers, represented by santésuisse, demanded reimbursements from a specialist in general internal medicine for the compulsory health insurance for the years 2015 and 2016 due to allegedly uneconomical treatment practices ("over-treatment"). The lower court, the arbitration court in social insurance disputes of the Canton of Bern, dismissed the claims and found that there was no evidence of uneconomical treatment.


5A_640/2024: Decision on a claim for unjust enrichment in the context of separation and divorce

Summary of Facts

The parties, a divorced couple, dispute the reimbursement of excessive maintenance payments that the man made to his wife during the separation period. The background is the final reduction of these maintenance contributions set by the cantonal instance. The man demands the repayment of overpaid amounts based on unjust enrichment according to Art. 62 et seq. CO. The woman contested this demand in her cantonal appeal and federal court appeal procedure.


7B_468/2025: Inadmissibility of a criminal law appeal

Summary of Facts

A.________ filed an appeal with the Federal Court on May 22, 2025, against a decision of the Criminal Chamber of the Cantonal Court of Fribourg dated May 20, 2025, regarding a motion for rejection. He was instructed to submit the contested decision and a signed appeal document by June 10, 2025, at the latest. While the appeal document was submitted on time, the contested decision was missing.


1C_56/2025: Classification of salary class in public service

Summary of Facts

The judgment concerns the classification of the salary class of an employee of the Canton of Ticino ("A.________") in the course of the transition to a new salary system starting January 1, 2018, as well as his subsequent salary claim following a transfer due to workplace conflicts. The plaintiff contests the salary class assigned to his function and the number of salary steps awarded to him.


7B_613/2023: Decision regarding complaint against the non-admission and seizure of a driver's license

Summary of Facts

A national of U.________ applied for the conversion of his driver's license into a Swiss driver's license. The Vehicle Office of the Canton of Geneva submitted the driver's license to the police for verification, which classified it as a forgery. The public prosecutor's office of the Canton of Geneva issued an order for the seizure of the driver's license without proceeding criminally against the holder. The complaint against this order was dismissed by the cantonal judiciary. The affected party then filed a complaint with the Federal Court.


9C_130/2022: Judgment on economic efficiency review under KVG

Summary of Facts

Dr. med. A.________, a specialist in general internal medicine, was sued by various health insurers for repayment of fees for the statistical year 2017, as uneconomical treatment practices, so-called over-treatment, were alleged. The cantonal arbitration court partially upheld the claim and ordered him to refund CHF 75,985.45. Dr. med. A.________ filed a complaint with the Federal Court, seeking the annulment of the judgment and dismissal of the claim, or alternatively, a referral for reassessment.


1C_363/2023: Public law building complaint in the municipality of Flims

Summary of Facts

The respondent G.________ submitted building applications for two single-family houses and an underground garage in the municipality of Flims. The direct neighbors raised objections against the permits. After several lower court instances and dismissals of the decisions by the Federal Court, the Administrative Court of the Canton of Graubünden dismissed the complaint of the objectors, who then appealed to the Federal Court. The central points of contention involved the coordination requirement according to the Spatial Planning Act (RPG), a possible circumvention of the second home legislation, and the consideration of energy and spatial planning violations.


8F_6/2025: Revision application concerning previous Federal Court judgments on accident insurance

Summary of Facts

The applicant A.________, born in 1941, seeks the revision of earlier decisions of the Federal Court (Judgments 8C_257/2011 and 8F_16/2024). He presents new medical documents as evidence, which are intended to refute the original diagnostic assumptions to prove the connection between an accident from 1987 and skin diseases.


9C_350/2025: Deletion of a legal matter in the area of disability insurance

Summary of Facts

A.________, represented by her lawyer, had filed a request with the Federal Administrative Court for the restoration of the suspensive effect of her legal remedy against the decision of the Disability Insurance Office, which had revoked her disability pension. The Federal Administrative Court rejected this request on May 6, 2025. Subsequently, A.________ approached the Federal Administrative Court again on May 13, 2025, and her submission was forwarded as a complaint to the Federal Court. In a letter dated June 27, 2025, A.________ clarified that she had not filed a complaint with the Federal Court but was seeking a revision of the decision before the Federal Administrative Court.


6B_110/2025: Conditions of detention and determination of the sentence

Summary of Facts

A.________ was sentenced to nine years in prison for various offenses, including sexual acts with minors and other sexual offenses. In addition, a lifelong restriction of activity in contact with minors and further measures were ordered. In the context of his detention, which took place, among others, in the U.________ prison, A.________ complained about the detention conditions there (e.g., lack of access to fresh air) and claimed a violation of Art. 3 ECHR. He demanded recognition of the unlawful detention conditions and a corresponding reduction of his sentence or alternatively compensation. The lower courts rejected his requests.


5A_614/2024: Judgment on property disputes in divorce

Summary of Facts

A.________ and B.________ married in 2017 and lived separately from January 2020. In the divorce proceedings, in addition to child support, property claims and procedural costs were particularly disputed. While the lower court obliged B.________ to make a property equalization payment of CHF 59,777.25, A.________ contested this and demanded a higher equalization payment. The Cantonal Court of Schwyz partially dismissed her appeal but reestablished the child support. With the complaint to the Federal Court, A.________ requested, among other things, a property equalization payment of CHF 247,648.82.


7B_324/2025: Inadmissibility of a federal criminal law appeal due to lack of payment of cost advance

Summary of Facts

A.________ initially filed a complaint against a decision of non-admission by the central public prosecutor of the Canton of Vaud with the cantonal criminal law complaint chamber and then with the Federal Court. However, the complainant had not made any advance cost payments beforehand, although he had been granted a grace period for this.


5A_189/2025: Recognition and enforcement of a foreign judgment; opposition to an arrest

Summary of Facts

The dispute concerns the recognition and enforcement of a Dutch court judgment and the ordering of arrests on assets of the complainant in Switzerland. In several instances, the legal validity of the exequatur and the opposition to the arrest orders were decided.


6B_293/2024: Judgment on sentencing and revocation of conditional execution

Summary of Facts

A.________ was convicted for various offenses, particularly violations against the narcotics law and the weapons law, as well as multiple minor thefts. A conditional execution of 18 months from a previous conviction was revoked. Following a Federal Court remand, the judgment was partially modified. The complainant was acquitted in connection with one charge (selling a foil with heroin mixture) but found guilty on the other charges. He requested a fine or a milder prison sentence and opposed the revocation of the conditional execution.


1C_316/2025: Withdrawal of driver's license: Non-admission of appeal by the Federal Court

Summary of Facts

A.________ had his driver's license revoked by the Road Traffic Office of the Canton of Zurich due to suspected mental illness for an indefinite period. A reissuance was contingent upon a favorable traffic medical report confirming driving suitability. After a negative report and further instance decisions, A.________ turned to the Federal Court.


1C_579/2024: Assessment of a building permit for a mobile phone antenna in Meyrin

Summary of Facts

Swisscom applied in 2019 for a building permit for the installation of a new group of mobile phone antennas in Meyrin. The facility consisted of six conventional antennas mounted on three masts. A cantonal office granted the building permit despite complaints from residents and the municipality, which claimed a violation of the immissions limit values. The municipality of Meyrin and involved individuals appealed against this decision, which was rejected by the cantonal judiciary. The appellants ultimately turned to the Federal Court.


6B_588/2025: Inadmissibility of the complaint due to restoration of deadlines

Summary of Facts

The complainant was convicted by the Cantonal Court of Basel-Stadt for defamation and attempted fraud, sentenced to 33 months of imprisonment and a fine, expelled from the country, and his expulsion was registered in the Schengen Information System. The complainant only filed a complaint with the Federal Court on June 27, 2025, and requested the restoration of the missed deadline, claiming that his former official defense attorney had neglected to submit the complaint.


2C_643/2024: Decision on the extension of a residence permit decision after the dissolution of marriage and community

Summary of Facts

The Senegalese national A.________ moved to Switzerland in 2016 under family reunification with his Italian wife and received a residence permit under the Agreement on the Free Movement of Persons. After a relationship with a third person and a factual separation, the couple ended their marriage in 2021. A.________ applied in 2020 for a residence permit based on Art. 50 para. 1 lit. a of the Foreigners and Integration legislation (LStrI), which was denied by the competent authorities. This case addresses A.________'s legal remedy against the previous decisions.


5F_36/2025: Inadmissibility of a revision request

Summary of Facts

A.________ seeks the revision of a Federal Court judgment of June 20, 2025 (5A_151/2025), which had declared his complaint against a decision of the cantonal child and adult protection authority (KESB) as inadmissible. The original proceedings concern custody matters related to a minor child (C.________).


6B_1300/2023: Decision on expulsion of a foreign offender born in Switzerland

Summary of Facts

A.________, an Italian national with a C residency permit, was born in Switzerland but has multiple prior convictions for offenses, including crimes against the narcotics law, theft, and burglary. He suffers from opiate addiction and other health problems and lives on disability benefits and supplementary benefits. The District Court of Wil and the Cantonal Court of St. Gallen ordered expulsion due to the offenses and a 25-month prison sentence. The Federal Court reexamined the expulsion in a remand judgment, and the lower court ultimately confirmed it.


7B_1298/2024: Judgment of the Federal Court against a Swiss citizen for multiple serious offenses

Summary of Facts

A Swiss citizen (born in 1971) was convicted of multiple serious offenses, including attempted murder with eventual intent, qualified simple bodily injury, threats, insults, and violations of the weapons law (LArm). The acts occurred in connection with a prolonged conflict between two families, which escalated through mutual provocations and resulted in violence. The accused fired at several people with an unlawfully possessed weapon, leading to serious injuries, including life-threatening damage from bullets.


6B_575/2025: Late submission of a criminal complaint

Summary of Facts

The Cantonal Court of Zurich did not admit the complainant's appeal due to the late submission of the appeal declaration. The complainant then filed a criminal complaint with the Federal Court, which was also not submitted on time.


9C_284/2025: Decision regarding tax claims and guarantee measures

Summary of Facts

A.________, a Swiss citizen, lived in London until 2020 and then moved to Ticino. A special tax investigation was initiated against him and other involved persons due to suspicion of tax evasion and the management of a foreign fund in Ticino. Based on this investigation, the tax authority of the Canton of Ticino demanded guarantee measures regarding tax claims for the tax periods 2016–2021, whereby A.________ was held personally and jointly liable. The cantonal court confirmed these claims, against which A.________ appealed to the Federal Court.


7B_488/2025: Decision on a request for recusal and non-admission of a complaint

Summary of Facts

The complainant A.________ was convicted by the public prosecutor's office of Fribourg with a penalty order for an offense against the weapons law. After filing an objection and transferring the files, he requested the recusal of the police judge Caroline Gauch and other officials. This request was partially rejected by the competent authority. The Cantonal Court of Fribourg annulled a decision due to incorrect jurisdiction and dismissed the recusal request against the police judge to the extent it was admitted. The complainant ultimately filed a complaint with the Federal Court and again requested the recusal of the affected officials.


1C_536/2024: Approval of a mobile phone facility in the municipality of Meyrin

Summary of Facts

Swisscom applied for a building permit for a mobile phone facility on a property in Meyrin. Despite concerns from the municipality and an expert, the permit was granted by the responsible cantonal authorities. The municipality and several affected residents filed appeals up to the Federal Court, arguing that the radiation limit values could be exceeded and the precautionary principle would be violated.


2C_356/2025: Judgment regarding free legal aid and representation in connection with a revision request

Summary of Facts

The complainant, a Portuguese national, applied for a revision of the decision of the migration office of the Canton of Thurgau dated November 22, 2022, which foresees the revocation of his residence permit and his expulsion from Switzerland. The Administrative Court of the Canton of Thurgau rejected his application for free legal aid and required a cost advance. The complainant appeals against this decision to the Federal Court, seeking not only a return permit to Switzerland but also free legal proceedings and representation.


6F_14/2025: Decision on a revision request

Summary of Facts

The applicant A.________ requests the revision of the Federal Court judgment 6B_226/2025 of March 18, 2025, which did not admit his late filed complaint. In the revision request, he alleges, among other things, violations of his human rights and criticizes the role of the public prosecutor's office as well as alleged procedural defects.


8C_726/2024: Obligation of the accident insurer in case of non-occupational accident of an insured person with multiple employers

Summary of Facts

A.________ was simultaneously employed by two employers and was mandatorily accident insured: with Visana Versicherungen AG for his work as a lecturer and with Helvetia Schweizerische Versicherungsgesellschaft AG as an IT specialist and member of the board. Following a motorcycle accident in Portugal on July 14, 2018, disputes arose over the responsibility of the accident insurers. Visana denied its obligation to provide benefits on the grounds that it could not determine which employer A.________ was last working for, and referred to Helvetia due to the higher insured salary. This denial was confirmed by the cantonal administrative court.


5A_177/2025: Service and restoration of deadlines in debt enforcement proceedings

Summary of Facts

A.A.________ and her husband C.A.________ were pursued by B.________ SA for outstanding architect fees of CHF 168,532.60. There were difficulties with the service of the payment orders. While C.A.________ personally received the payment order and filed an objection, the payment order for A.A.________ could not be served despite several attempts. Ultimately, a public service was carried out. After becoming aware of the publication, A.A.________ requested the restoration of the deadline for the objection. The cantonal appellate instance rejected her request and her complaint, leading her to turn to the Federal Court.