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 additional judgments, you will find a summary of the facts. The 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_597/2023: Decision on the Question of Standing in Relation to a Termination of Proceedings
Summary of the Facts
The Public Prosecutor's Office of Zurich-Limmat terminated an investigation into an unusual death case. The brother of the deceased, A.________, filed a complaint against this decision, which the Cantonal Court of Zurich did not examine further due to lack of standing. A.________ then appealed to the Federal Court.
Summary of Considerations
- **E.1:** The cantonal final-instance judgment concerns the non-examination of a complaint due to lack of standing. The Federal Court examines the question of legitimacy exclusively within the framework of the subject matter of the appeal proceedings. - **E.2:** The lower court found that the appellant did not sufficiently prove his closeness to the deceased and therefore did not consider him as legitimized according to Art. 116 para. 2 StPO. Additionally, no party status as a legal successor according to Art. 121 StPO was demonstrated. - **E.3:** The appellant claims a violation of his right to be heard. The Federal Court agrees that the lower court should have communicated the doubts about his status and given him the opportunity for further justification and submission of evidence. - **E.3.3:** The Federal Court points out that the cost distribution of the cantonal proceedings still needs to be examined by the lower court.
Summary of the Dispositive
The complaint was partially upheld, the decision of the lower court was overturned, and the case was remanded for reconsideration, while the rest was dismissed.
9C_37/2025: Dispute over the Tax Deductibility of Lawyer and Legal Costs Relating to a Property in the Canton of Geneva
Summary of the Facts
The appellant A.________, an independent lawyer residing in the Canton of Vaud and working in the Canton of Geneva, is a half co-owner of a property in Vaud on which two apartments are located. There were various construction problems during renovation work, leading to legal disputes. In his tax return for the 2020 tax period, the appellant wanted to claim various costs, including legal fees and procedural costs, as tax-deductible maintenance costs. The Cantonal Tax Authority of Geneva partially denied these deductions, ultimately leading to an appeal to the Federal Court.
Summary of Considerations
- E.1: The appeal is admissible as the lower court issued a final decision, was the last cantonal instance, and the asserted requirements are met. - E.2: The Federal Court examines the law ex officio and relies on the factual findings of the cantonal authority, unless there are obvious errors. - E.3: The dispute revolves around the tax deductibility of lawyer and procedural costs related to the maintenance of real estate. The Federal Court confirms that these can only be deducted if they are directly related to the maintenance and preservation of a property. - E.4: The lower court correctly decided that the costs for the criminal complaint regarding title manipulation and the civil lawsuit against an architect and a construction company are not deductible, as there is no direct connection to the maintenance of the property. - E.5: It is also not possible to make a clear distinction between deductible and non-deductible portions of legal costs, as the evidence and documents are insufficient. - E.6: The principle of the separation of tax periods applies: An earlier decision by the cantonal tax authority for the years 2018 and 2019 does not influence the treatment in the 2020 tax period.
Summary of the Dispositive
The appeal was dismissed, and the court costs were imposed on the appellant.
7B_106/2023: Decision Regarding Criminal Complaint Against Police Officers
Summary of the Facts
The appellant accused the police officer of having physically and psychologically injured her and caused damage to her clothing and watch. The events took place at a police station. The complaints were not confirmed by several witnesses. The proceedings against the police officer were terminated by the prosecutor; the complaint against this decision was dismissed by the cantonal criminal chamber. The plaintiff appealed to the Federal Court.
Summary of Considerations
Admissibility of the appeal: The Federal Court admits the appeal as possible violations of the ECHR (Art. 3 and 13) are claimed. Investigative requirements: The Federal Court sees no obligation for additional investigations or evidence gathering, as the investigations already conducted were comprehensive. Principle "In dubio pro duriore": The terminations are justified, as the accusations of the appellant are not sufficiently credible or supported by evidence. Procedural costs: The appellant must bear part of the costs (CHF 430) as she actively participated in the proceedings. Procedural errors: The absence of a decision on the requested legal aid during the initial investigations constitutes a formal abuse of rights.
Summary of the Dispositive
The appeal is partially upheld, and the issue of legal aid is remanded to the lower court.
9C_121/2024: Judgment on the Obligation of the Health Insurance to Provide Benefits in Case of Loss of Income of an Organ Donor
Summary of the Facts
A man donated a kidney in 2006, resulting in permanent nerve damage that impaired his ability to work. The previous health insurance of the organ recipient provided compensation for a time. The current insurer (Sumiswalder) denied payments. The donor is financially claiming compensation for loss of income.
Complete summary of the judgment can be found in the Portal.
7B_253/2025: Lack of Conditions for Cost Advance in a Complaint Against a Decision on Unsealing
Summary of the Facts
A.________ filed a complaint on March 24, 2025, against a decision of the Cantonal Court of Bern regarding unsealing. The Federal Court required him to provide a cost advance of CHF 800. Despite multiple requests and the legally mandated extension, A.________ refused to make the payment without submitting a request for legal aid.
Complete summary of the judgment can be found in the Portal.
4A_322/2025: Inadmissibility of the Appeal Against the Denial of Legal Aid
Summary of the Facts
The appellant filed an appeal against the decision of the Cantonal Court of Zurich dated May 22, 2025. The Cantonal Court had not considered an appeal by the appellant due to insufficient reasoning. Here, the appellant challenges this decision as well as the denial of legal aid.
Complete summary of the judgment can be found in the Portal.
4A_64/2025: Judgment on the Jurisdiction of an Arbitration Court in Labor Law Disputes
Summary of the Facts
A.________, a professional football player, terminated his employment contract due to an alleged breach of contract by his employer, FC B.________. The dispute was initially handled by the FIFA Dispute Resolution Chamber, which affirmed its jurisdiction and partially upheld the player's claim. FC B.________ appealed to the Tribunal Arbitral du Sport (TAS), which overturned FIFA's decision on the grounds that the state courts in Hungary were exclusively competent. The player then brought the case to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_38/2025: Decision on Spousal Taxation and Non-Admittance of Administrative Court Appeal
Summary of the Facts
A.A. and B.A. contested the joint taxation of their capital benefits from pillar 3a in 2023 and requested separate taxation analogous to a cohabitation arrangement. Their objection to the Cantonal Tax Office of Zurich and the subsequent appeals to the Tax Appeals Court and the Administrative Court of the Canton of Zurich were dismissed or not admitted. In particular, the Administrative Court did not admit the appeal due to lack of reasoning. They filed an appeal against this decision with the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_371/2025: Decision on the Subsequent Application in the Asylum Sector
Summary of the Facts
The State Secretariat for Migration (SEM) rejected an asylum application as well as successive follow-up applications of an asylum seeker and dismissed the most recent follow-up application due to violation of the duty to cooperate without proper form and content. The Federal Administrative Court did not admit the appeal against this rejection. A.________ appealed to the Federal Court in public law matters, requesting among other things a remand decision and an investigation into the practices of the ORS Group.
Complete summary of the judgment can be found in the Portal.
9C_282/2024: Judgment Regarding a Disability Pension
Summary of the Facts
A.________, a man from Bosnia born in 1976, applied for a disability pension after claiming to be unable to work due to psychological and physical health problems. His first application was rejected on September 7, 2018, due to insufficient health impairment. A further inquiry in February 2020 again led to a rejection by the Disability Insurance Office in June 2022, as the degree of disability of 34% did not meet the eligibility criteria. Following a court order for a psychiatric expert opinion, the lower court decided to partially grant the application and awarded a full disability pension starting from August 1, 2020.
Complete summary of the judgment can be found in the Portal.
5A_527/2025: Inadmissibility of an Appeal Due to Late Submission
Summary of the Facts
The cantonal instance found that A.________ submitted his appeal against the decision of the Justices of the Peace of the District of Lausanne-West only after the deadline had passed. The statutory deadline began with the delivery of the decision on April 7, 2025. The appeal was submitted only on May 23, 2025. The appellant claimed that a death and health issues caused the delay, which was not recognized as a legal hindrance.
Complete summary of the judgment can be found in the Portal.
5A_467/2025: Judgment on Involuntary Commitment
Summary of the Facts
The Federal Court decided on the appeal of A.________ against his involuntary commitment. A.________ was initially placed in a clinic and then in a dementia-friendly department of a care center due to early-stage dementia and resulting self- and other-endangerment. The lower court dismissed the appeal in which A.________ sought to have the measure lifted and to be released, or alternatively to be admitted to an institution of his choice. The Federal Court confirmed the legality and proportionality of the measure.
Complete summary of the judgment can be found in the Portal.
2D_12/2025: Inadmissibility of the Appeal
Summary of the Facts
A.________, a Kazakh national born in 1996, applied for a residence permit after having lived in Switzerland since 2011. He initially received a legitimacy card based on family reunification with his mother, who worked for the Kazakhstan mission to the UN. After her departure from Switzerland (May 14, 2013), he switched to a residence permit for study purposes. The cantonal authority denied the residence permit (August 30, 2024), and the lower courts dismissed his appeal.
Complete summary of the judgment can be found in the Portal.
6B_165/2024: Judgment on the Omission of Emergency Assistance
Summary of the Facts
E.________, a doctor, was accused of failing to provide life-saving assistance to F.________, who died in his apartment after intense sexual acts. The Cantonal Court of St. Gallen acquitted him of the charges. The relatives of F.________ filed an appeal against the acquittal as well as against the dismissal of their civil claims.
Complete summary of the judgment can be found in the Portal.
2D_23/2024: Decision on Constitutional Complaint Regarding Residence Permit and Deportation from Switzerland
Summary of the Facts
A.________, a citizen of Ecuador, has been living illegally in Switzerland since 2013. After a brief departure from Switzerland, she returned illegally. Her applications for a residence permit based on hardship reasons were repeatedly rejected by cantonal authorities, as were an appeal to the Federal Court in 2023. A renewed application for reconsideration due to the deteriorating geopolitical situation in Ecuador was also denied by the cantonal authorities.
Complete summary of the judgment can be found in the Portal.
4F_18/2025: Decision on a Revision Request Regarding Judgment 4D_35/2025
Summary of the Facts
The applicant requested the revision of the Federal Court judgment of April 2, 2025 (4D_35/2025), which did not consider his appeal in a debt enforcement procedure. Additionally, he requested that the submission be accepted as a subsidiary constitutional complaint.
Complete summary of the judgment can be found in the Portal.
6B_357/2025: Proceedings Regarding Non-Admittance of Appeal Declaration for Offenses Against the Explosives Act
Summary of the Facts
The appellant was convicted by the Cantonal Court of Schaffhausen for an offense against the Explosives Act and for disguising his identity at regulated gatherings to a conditional fine of 20 daily rates of CHF 200 and a fine of CHF 300. After the appeal was filed, he again filed an appeal without submitting a sufficient appeal declaration according to Art. 399 para. 3 StPO. The Cantonal Court then did not admit the appeal without setting a deadline for correction.
Complete summary of the judgment can be found in the Portal.
7B_1336/2024: Judgment on the Appeal Against the Conviction for Driving While Unfit to Drive and Obstructing Measures to Determine Driving Ability
Summary of the Facts
A.________ was stopped on June 24, 2020, while driving a passenger car under the influence of alcohol. He refused an orally ordered blood and urine test. The Regional Court of Plessur sentenced him to a conditional fine and a fine. The Cantonal Court of Graubünden confirmed the convictions but imposed a reduced fine, prompting A.________ to appeal to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_250/2025: Decision on the Appeal Against the Declaration of Bankruptcy
Summary of the Facts
The A.________ SA in liquidation was declared bankrupt by the Regional Court of Moesa on August 7, 2024, at the request of the BVG Collection Foundation. In the subsequent proceedings before the cantonal appeals instance, its appeal against this decision was dismissed on March 4, 2025. The company then turned to the Federal Court and filed an appeal, requesting the annulment of the bankruptcy declaration or, alternatively, the remand of the matter. A request for suspensive effect was granted by the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_36/2025: Decision on the Dispute Over Tax Matters
Summary of the Facts
A.________, a self-employed lawyer, submitted his tax declaration for the tax year 2020 late. The cantonal tax administration of the Canton of Vaud made an assessment ex officio and issued a corresponding tax assessment decision. A.________ filed a deficient complaint against this decision, which was ultimately rejected by the Cantonal Court of Vaud as unfounded. He requested that certain costs for building maintenance be taken into account.
Complete summary of the judgment can be found in the Portal.
9C_174/2025: Decision on the Insurance Obligation in AHV/IV for a Retired Civil Servant
Summary of the Facts
The appellant, a German citizen and former civil servant in Germany, has been residing in Switzerland since July 2022 and holds a B residence permit. After reviewing her information by the Equalization Fund of the Canton of Thurgau, she was classified as non-working in the AHV and deemed liable for contributions as of August 2022. The appellant disputed her contribution obligation, arguing that her German retirement benefits should not be considered as income subject to contributions. After an objection and an appeal to the Administrative Court of the Canton of Thurgau, the case was brought to the Federal Court.
Complete summary of the judgment can be found in the Portal.
2D_10/2025: Decision Regarding the Assessment of a Seminar Paper Result Within a University Bridging Program
Summary of the Facts
A. participated in the "Horizon académique" program at the University of Geneva between the academic years 2021/2022 and 2023/2024. In the spring semester of 2024, he was evaluated in the course "Translation, Revision, and Post-Editing FR/AR" with a seminar paper (grade: 3.5), which was later contested. Additionally, he took an exam, the results of which were corrected during an appeal procedure. The program is a bridging course that allows participants to attend courses as guest students and, under certain conditions, to receive equivalency certificates. A. is now regularly enrolled in a master's program in translation.
Complete summary of the judgment can be found in the Portal.
7B_240/2024: Compensation for Official Defense in Appeal Proceedings
Summary of the Facts
The official defender A.________ was active in a criminal proceeding, which the Cantonal Court of Aargau remanded to the first instance for a new hearing. For the appeal proceedings, she was awarded compensation of CHF 1,000. This amount was contested by the appellant as inappropriate, as she was not heard in advance or requested to submit a cost statement. Therefore, the appellant filed a criminal complaint requesting that the compensation be set at CHF 5,693.15 or remanded for new determination by the lower court.
Complete summary of the judgment can be found in the Portal.