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New Federal Court rulings from 21.07.2025

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 other judgments, you will find a summary of the facts. Full 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.

4D_121/2025: Judgment on Tenant Eviction and Deadline Compliance

Summary of the Facts

The single judge at the District Court of Einsiedeln ordered the eviction of the complainants from a rental apartment. The complainants appealed to the previous instance, the Vice-President of the Cantonal Court of Schwyz, which was not admitted for treatment due to insufficient reasoning in a decision dated May 22, 2025. A complaint was filed with the Federal Court against this decision.

Summary of the Considerations

The deadline for appeal of 30 days according to Art. 100 BGG was observed, as the complaint was timely handed over to the Swiss Post. The principles of delivery fiction (Art. 44 BGG) were explained. It was left open whether the difference between the postal pickup deadline and the legal deadline of the delivery fiction was correctly recognizable by the complainants, as the complaint was inadmissible for other reasons in any case. Complaints to the Federal Court must be sufficiently reasoned according to Art. 42 and 106 BGG. The complainants did not meet these requirements, as they did not sufficiently engage with the reasoning of the previous instance and did not provide detailed indications of a legal violation. The complaint is not admitted for review due to obviously insufficient reasoning (Art. 108 para. 1 lit. b BGG).

Summary of the Dispositive Part

The complaint was not admitted for review, and the costs were imposed on the complainants.


9C_646/2023: Claim for an Invalidity Pension from Occupational Pension Plans

Summary of the Facts

The insured (A.________) applied in 2020 to the Fondation Romande Énergie for the payment of an invalidity pension from occupational pension plans starting January 1, 2015. The pension foundation rejected this on the grounds that the temporal connection between an initial incapacity for work in 2012 and the invalidity from 2015 was interrupted due to his full-time employment in 2014. The insured then sued three pension institutions to determine which foundation was obligated to provide the invalidity pension. The cantonal court dismissed the lawsuit.

Summary of the Considerations

The legal foundations of the appeal procedure according to Art. 95 and 96 BGG as well as the obligation of the Federal Court to review the facts for obvious errors are explained. Legal analysis of the requirements for an invalidity pension according to Art. 23 BVG and the requirements for the temporal and material connection between incapacity for work and invalidity. The cantonal court found that the temporal connection between the incapacity for work in 2012 and the invalidity from 2015 was interrupted by the full-time activity throughout 2014, as the insured did not exhibit significant loss of performance during this time. The Federal Court examined the insured's objection that his activity in 2014 was a "failed reintegration" and rejected this. The established facts show that the insured had full work capacity in 2014 and no reduced workload.

Summary of the Dispositive Part

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


1C_195/2025: Decision on the Admissibility of the Complaint against a Municipal Assembly Resolution

Summary of the Facts

The dispute concerns the vote at a municipal assembly of the municipality of Safiental on a motion aimed at reconsidering a previous decision regarding the location of the cantonal civil engineering office. The motion was adopted by a simple majority. The complainants argue that the motion would have required a qualified majority, as it constitutes a reconsideration. The Cantonal Court of Graubünden did not consider the complaint of the voters, as it was filed late.

Summary of the Considerations

The Federal Court confirms that complaints in public law matters against non-admission decisions in voting rights matters are generally admissible if the prerequisites for the judgment are met. The Federal Court freely reviews the interpretation of cantonal regulations closely related to voting rights. It is bound by the facts established by the previous instance unless they are obviously incorrect. The previous instance noted that the complainants were at least aware of the voting modality through the invitation to the municipal assembly and should have submitted their complaint against the agenda within the 10-day deadline. A later challenge to the assembly resolution is inadmissible, as the voting modality was determined solely by the preparatory actions. The court follows the previous instance that the vote was clearly treated as a motion and not as a reconsideration, which is why the deadline for challenging the agenda is decisive and clearly missed.

Summary of the Dispositive Part

The complaint is dismissed, and the complainants must bear the court costs.


1C_636/2024: Judgment on Building Permit Concerning Environmental Design and Dementia Path in the Green Zone

Summary of the Facts

The City of Zurich planned to convert a nursing home into a care home for people with dementia ("House of Dementia") and to make structural adjustments as well as environmental design. The latter includes the establishment of a dementia path with a fence. Complainant neighbors criticized the building permits issued by the City of Zurich and, after the building appeal court dismissed parts of their appeals and did not consider others, turned to the Zurich Administrative Court and finally to the Federal Court.


7F_22/2025: Judgment on a Request for Revision in Connection with a Non-Admission Decision

Summary of the Facts

The applicant A.________ requested the revision of a Federal Court judgment (7B_332/2025) dated April 16, 2025, in which the Federal Court had not admitted the applicant's complaint due to late filing.


6B_429/2024: Judgment Concerning Conviction for Forgery of Titles

Summary of the Facts

A.________ was convicted by the District Court of Lausanne for forgery of titles to a fine of 60 daily rates of 50 CHF, as he received a false COVID-19 vaccination certificate by providing his AHV number. The cantonal appellate authority confirmed the judgment. Subsequently, the convicted person appealed to the Federal Court, requesting acquittal or remand of the case to the previous instance.


9C_181/2025: Decision of the Federal Court Regarding the Revision of Tax Assessments from 2015 to 2018

Summary of the Facts

The taxpayers B.________ and A.________, residing in the canton of Fribourg, had failed to declare foreign real estate in Portugal for the tax periods 2005 to 2013. The cantonal tax service issued retroactive tax assessments and took the income and assets of these properties into account when setting tax rates. After their objection was rejected by the cantonal tribunal, the taxpayers attempted from 2021 to revise these assessments for the years 2015 to 2018, citing allegedly new tax decisions from the Portuguese tax authority. The cantonal tax service and the cantonal tribunal rejected the requests for revision. The taxpayers appealed to the Federal Court.


7B_1290/2024: Order for the Creation of a DNA Profile for a Minor

Summary of the Facts

The complainant A.________, born in 2012, resided in Switzerland without a residence permit and was listed under several aliases. She was repeatedly associated with offenses such as theft and attempted burglary. The youth judge of the Canton of Geneva ordered in August 2024 the creation of a DNA profile for the complainant to clarify previous and possible future offenses. The Chamber pénale de recours of the Canton of Geneva confirmed this order. The complainant argued that the measure was discriminatory and did not respect the principle of proportionality, especially regarding her young age.


9C_217/2025: Decision on the Denial of Legal Aid in an Insurance Dispute

Summary of the Facts

A.________ opposed a payment order from Easy Sana Assurance Maladie SA regarding outstanding premiums, cost sharing, and administrative fees of the mandatory health insurance for his minor son. The cantonal court rejected his application for legal aid for the cantonal proceedings.


7B_1052/2023: Decision on Conviction for Rape and Sexual Coercion

Summary of the Facts

A.________ was first-instance convicted of rape and sexual coercion but acquitted of the charge of threat. The District Court of Dielsdorf sentenced him to a partially suspended prison sentence of three years and ordered him to pay damages and compensation of CHF 18,000. The appellate authority (Cantonal Court of Zurich) confirmed this judgment.


1C_512/2024: Decision Regarding Withdrawal of a Complaint on a Local Planning Revision

Summary of the Facts

The municipality of Sommeri had rezoned certain properties into a new "Agricultural Zone for Special Uses Plant Cultivation" as part of a complete revision of its local planning. The owners of a neighboring parcel, including A.________ and the estate of F.________, filed an objection, which was rejected by the municipality. An appeal to the Department of Building and Environment of the Canton of Thurgau and a subsequent complaint to the Administrative Court of the Canton of Thurgau were also unsuccessful. The complainants filed a public law complaint with the Federal Court but withdrew it during the ongoing proceedings.


7B_498/2025: Inadmissibility of a Complaint in Criminal Law

Summary of the Facts

The complainant submitted a criminal complaint against a decision of the cantonal court of Neuchâtel but failed to properly present the necessary reasoning and the contested decision. Despite a deadline to remedy the deficiencies, he did not submit the required documents in a timely manner.


4A_528/2024: Request for Revision against a Jurisdiction Decision of an International Arbitration Court in Geneva

Summary of the Facts

A British citizen (respondent) had alleged a violation of the bilateral investment protection agreement of 1986 in an international arbitration against the People's Republic of China (applicant). The arbitration court based in Geneva declared itself competent on December 30, 2021. The applicant twice requested the revision of this jurisdiction decision from the Federal Court, with the second request based on a new piece of evidence and alleged influence by a crime or offense. In parallel, a final award from the arbitration court was pending.


9C_70/2025: Judgment on Reduction of Input Tax Deductions for Demolition and Brownfield Remediation Costs

Summary of the Facts

The A.________ AG has been registered in the VAT register of the Federal Tax Administration (ESTV) since 2013 and claimed demolition and brownfield remediation costs for an area from 2015 to 2018. The ESTV reduced proportionate input tax deductions to 16.76%, resulting in a tax adjustment. A.________ AG sought to enforce a higher input tax deduction of 95%. Both the ESTV (in the objection decision) and the Federal Administrative Court rejected the claims of A.________ AG.


1C_315/2025: Non-Admission of a Complaint Against a Decision of the St. Gallen Prosecutor's Chamber

Summary of the Facts

The complainant A.________ approached the Federal Court with a complaint against the decision of the President of the Prosecutor's Chamber of the Canton of St. Gallen, which assessed an application for authorization to open a criminal proceeding as querulous and did not consider it. It was explicitly pointed out beforehand that further criminal complaints of similar content would be treated informally in the future.


6B_182/2025: Decision to Order a Non-Obligatory Deportation

Summary of the Facts

A.________ was convicted by the District Court of Zurich for coercion, multiple threats, and repeated disobedience to official orders. It imposed a prison sentence of 11 months and a fine of CHF 1,000 as well as a deportation of four years. The Zurich Court of Appeal confirmed the conviction concerning the prison sentence and the fine as well as the deportation. A.________ filed a complaint, arguing that the deportation was disproportionate and violated Art. 8 ECHR, as he has a son in Switzerland.


7B_561/2025: Inadmissibility of a Complaint in Criminal Matters Due to Deadline Exceedance

Summary of the Facts

The Federal Court deals with a complaint in criminal matters submitted by A.________ against a decision of the Criminal Chamber of the Cantonal Court of Vaud, which concerns a bank seizure. The previous instance partially confirmed the seizure and referred the matter back to the public prosecutor's office. A.________ requested the immediate lifting of the seizure as the main point.


7B_1060/2023: Judgment Concerning the Collection of a DNA Sample and Creation of a DNA Profile

Summary of the Facts

It was established by the District Court of Zurich and the Cantonal Court of Zurich that the respondent A.________ committed several serious sexual offenses and other crimes, although in a state of non-self-induced insanity. Both courts ordered a stationary therapeutic measure according to Art. 59 StGB but rejected the public prosecutor's request for the collection of a DNA sample and the creation of a DNA profile. The public prosecutor subsequently filed a complaint with the Federal Court.


1C_309/2025: Non-Admission of a Building Complaint

Summary of the Facts

A.________ requested the demolition of a grain store and the construction of a residential building on an agricultural plot in Vechigen. While the demolition was legally approved, the municipality denied the building permit for the residential building. This decision was confirmed by cantonal authorities. A.________ ultimately filed a complaint with the Federal Court, which dismissed it.


8C_688/2024: Invalidity Pension (New Application) - Assessment of the Credibility of a Change in Facts

Summary of the Facts

The complainant re-applied for an invalidity pension after already having undergone retraining and professional integration. The IV Office of the Canton of Aargau rejected the new application on the grounds that no significant change in the factual circumstances had been credibly demonstrated. The Insurance Court of the Canton of Aargau confirmed this decision. The complainant appealed to the Federal Court requesting that the IV Office proceed with her benefit request and conduct further inquiries.


8C_102/2025: Accident Insurance: Dispute over the Suspension of Daily Allowances and Medical Treatment Benefits

Summary of the Facts

A.________, born in 1961 and working as a Product Quality Engineer, was accident insured with Suva. After a fall while fly fishing on July 9, 2023, he suffered a right rotator cuff rupture, which was surgically treated. Suva suspended the benefits as of November 30, 2023, stating that the complaints were no longer accident-related. The objection procedure and a complaint to the Cantonal Court of Graubünden were unsuccessful.


9C_661/2024: Decision on the Amount of the Invalidity Pension from Occupational Pensions and Its Calculation Bases

Summary of the Facts

The complainant (A.________) became unable to work in May 2013 and was insured with the Nest Collective Foundation for occupational pensions. The invalidity insurance determined a degree of invalidity of 75% and granted a full invalidity pension from May 1, 2014. The Nest Collective Foundation acknowledged its obligation to pay but calculated a degree of invalidity of 69% and paid three-quarters of the pension from May 22, 2015. The complainant requested a full invalidity pension, which was denied by the Social Insurance Court of the Canton of Zurich. She then filed a complaint with the Federal Court.


1C_294/2025: Judgment of the Federal Court on the Withdrawal of Dealer Plates

Summary of the Facts

The Road Traffic Office of the Canton of Zurich withdrew the collective vehicle registrations and dealer plates from the complainant A.________, as the conditions for this had ceased to exist due to the abandonment of his business premises. After unsuccessful legal remedies before cantonal authorities, A.________ filed a complaint with the Federal Court requesting the return of the dealer plates.


9C_660/2024: Judgment on Invalidity Insurance

Summary of the Facts

The insured has suffered from Klippel-Trenaunay syndrome since birth. The cantonal IV office and the cantonal court have determined that no invalidity pension or measures for professional integration can be granted, as there is full work capacity in an adapted activity.


1C_494/2024: Decision Regarding the Location of Container Parking Spaces for a Construction Project

Summary of the Facts

The A.________ AG filed a complaint against a decision of the Office for Building Permits of the City of Zurich and against rulings of the Building Appeals and Administrative Courts of the Canton of Zurich. The subject of the dispute was the location of container parking spaces (for waste and green waste) at a new construction project that includes four multi-family houses. The complainant requested a relocation of the container spaces, feeling disturbed by their locations in her neighborhood.


4D_92/2025: Inadmissibility of a Subsidiary Constitutional Complaint

Summary of the Facts

The complainant A.________ filed a complaint with the Federal Court to contest the non-admission decision of the Cantonal Court of Bern dated May 6, 2025, regarding a decision proposal of the conciliation authority. Additionally, he requested legal aid for the proceedings before the Federal Court.


4A_5/2025: Decision on an Employment Contract Non-Compete Clause

Summary of the Facts

An employee terminated the employment relationship with his employer, which is the Swiss subsidiary of an international corporation. The employment contract included a non-compete clause as well as a garden compensation. After the employee was released, the employer unilaterally terminated the non-compete clause along with the garden compensation. The employee demanded payments of the garden compensation, which the labor court denied. The Cantonal Court of Zurich partially corrected the first-instance judgment and ordered the employer to make a payment, declaring the non-compete clause valid.