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 rulings. 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.
1C_28/2025: Inadmissibility of the appeal against a building permit for facade changes on listed buildings in Zurich
Summary of the Facts
The Zurich Heritage Protection (ZVH) filed an appeal against a building permit that allows reversible covering of house inscriptions at two protected buildings in Zurich. This permit was granted by the city of Zurich to implement recommendations from a project group against racist time markers. The Heritage Protection argued that the measures were incompatible with cantonal nature and heritage protection law and demanded more comprehensive protection clarifications.
Summary of the Considerations
- **E.1:** The Federal Court examines the legitimacy of the ZVH to file an appeal. It finds that the association cannot rely on the association appeal right according to Art. 89 para. 2 lit. d BGG due to its cantonal activities. - **E.1.2:** The ZVH argues that it is entitled to assert procedural rights (Star practice), as comprehensive protection clarifications were waived in the cantonal proceedings. - **E.1.3:** The court considers the appeal inadmissible, as the ZVH does not claim a violation of procedural guarantees owed to it. The criticism mainly concerns compliance with the provisions of cantonal heritage protection law, for which the ZVH is not legitimized. - **E.2:** The court concludes that the ZVH's concern cannot be examined in isolation as a procedural question, as it requires a material assessment of the protected objects.
Summary of the Ruling
The appeal is not accepted, and the costs are imposed on the appellant.
7F_32/2025: Decision on a request for revision regarding a previous judgment denying free legal aid
Summary of the Facts
The appellant A.________ was placed in preventive detention by the Tribunal des mesures de contrainte of the Canton of Vaud on April 8, 2025, which was confirmed by the Chambre des recours pénale of the Canton of Vaud on April 16, 2025, and by the Federal Court on June 19, 2025. The request of the appellant for the granting of free legal aid was not decided upon. The appellant therefore submitted a request for revision on July 1, 2025.
Summary of the Considerations
- **E.1:** The request for revision was submitted on time and by a legitimate party. - **E.2:** The Federal Court did not address the issue of free legal aid in its judgment of June 19, 2025. According to Art. 121 lit. c BGG, revision is justified if a decision-making authority fails to decide on a conclusion. Ignoring free legal aid fulfills this condition. - **E.3:** According to Art. 64 para. 1 and 2 BGG, the appellant is entitled to free legal aid, as his financial situation has met the requirements since his detention, and the legal recourse was not hopeless. Consequently, free legal aid should have been granted to him and his lawyer appointed as a defender. - **E.4:** The revision is accepted, and the previous Federal Court judgment is amended concerning the imposed court costs.
Summary of the Ruling
The request for revision was granted, the previous judgment was overturned, and the request for free legal aid was granted.
8C_609/2024: Claim for unemployment benefits in the case of an employer-like position of a partner
Summary of the Facts
A.________ worked until April 2023 as managing director and partner of B.________ GmbH, which has since been liquidated. Due to his employer-like position, the unemployment insurance fund of the Canton of Zurich denied him unemployment benefits from January 1, 2023. After a complaint and appeal, the social insurance court of the Canton of Zurich found that the claim for unemployment benefits existed in principle from October 1, 2023, provided the further requirements were met, and partially overturned the complaint decision.
Summary of the Considerations
- E.1: The formal requirements for the handling of the complaint are met. - E.2: The Federal Court examines violations of federal law and applies the law ex officio, while it only complements or corrects the facts established by the lower court if they are obviously incorrect or legally deficient. - E.3: The dispute is whether the claim for unemployment benefits from October 1, 2023 was rightly affirmed. - E.4: According to Art. 31 para. 3 lit. c AVIG, employer-like persons such as partners have no claim to unemployment benefits. This exclusion is absolute and serves to prevent abuse. - E.5: (5.1) The cantonal court affirmed the exclusion until the end of September 2023 but denied it from October 2023 based on an individual case examination. (5.2) The appellant argues that such an examination for partners is not permissible according to case law. - E.6: (6.1) The exclusion of entitlement arises by law solely from the partner status, regardless of other circumstances. (6.2) The individual case examination of the lower court was inadmissible in this context. (6.2.3) The lower court was not obliged by previous procedural provisions to deviate from this established case law. - E.7: The employer-like position of the respondent excludes his claim to unemployment benefits.
Summary of the Ruling
The complaint was granted, the judgment of the lower court was overturned, and the complaint decision was confirmed. The court costs were imposed on the respondent.
9C_430/2023: Restriction of installment purchases in occupational pension schemes for persons relocated from abroad
Summary of the Facts
The French national A.________, who has been working in Switzerland since September 2020, made several purchases to fill gaps in his occupational pension with the B.________ SA foundation. In 2022, the foundation refused to accept purchases above a set maximum amount, which is limited to 20% of the insured annual salary according to Art. 60b para. 1 OPP 2. A.________ argued against this limitation and requested a judicial declaration that the aforementioned regulation should not apply to him.
Complete summary of the judgment can be found in the Portal.
7B_229/2024: Decision regarding the assessment of compensation according to Art. 429 StPO and the rejection of compensation for non-material damage
Summary of the Facts
The proceedings concerned the compensation of an appellant after the discontinuation of a criminal proceeding that was originally conducted due to alleged sexual acts with children and rape. The appellant demanded a higher compensation for defense costs and for suffering non-material damage. The Federal Court reviewed the decisions of the cantonal authorities regarding these claims.
Complete summary of the judgment can be found in the Portal.
5D_33/2025: Inadmissibility of the appeal in a dispute regarding costs and compensations
Summary of the Facts
The appeal concerns costs and compensations related to a legal dispute over parental custody. The appellant A.________ was ordered to pay the respondent B.________ a compensation of 3,000 CHF from the first instance. A.________ filed an appeal to the Federal Court against the decision of the lower courts.
Complete summary of the judgment can be found in the Portal.
7B_192/2022: Consequences of compensation in criminal proceedings: standing of the public prosecutor
Summary of the Facts
The State and Youth Prosecutor's Office of the Canton of Glarus appeals against a judgment of the Cantonal Court of Glarus, which acquitted the respondent B.________ and awarded him compensation at the expense of the court treasury. The Public Prosecutor's Office requests that the compensation of B.________ in the appeal procedure be imposed on the private plaintiff A.________ or that the matter be referred back to the Cantonal Court for reassessment.
Complete summary of the judgment can be found in the Portal.
9C_60/2024: Decision regarding the dispute over the surplus participation of an insurance policy
Summary of the Facts
The appellant, A.________, a self-employed architect, took out an insurance policy for a mixed life insurance with Generali Assurances in 2002. After the policy expired in 2022, she found that the surplus participation of 315.20 CHF was far below the originally projected values (14,300 to 33,300 CHF). After a review by FINMA, the appellant contested the calculation of the participation and requested a more detailed review as well as a formal decision, which was refused by FINMA. Subsequently, she filed a lawsuit before the cantonal instance, which rejected her claims.
Complete summary of the judgment can be found in the Portal.
8F_2/2025: Judgment on a request for revision concerning disability insurance
Summary of the Facts
The applicant A.________ filed a request for revision against the non-admission ruling 8C_709/2024 of the Federal Court regarding his complaint in a disability insurance case. It is claimed that the Federal Court made legal errors without presenting a valid ground for revision according to the Federal Court Act (BGG).
Complete summary of the judgment can be found in the Portal.
5A_429/2025: Decision of the Federal Court regarding the inadmissibility of an appeal related to a bankruptcy claim
Summary of the Facts
The company A.________ was declared bankrupt by a ruling of the first instance court in Geneva on March 31, 2025. The appeal against this ruling was rejected on May 1, 2025, by the civil chamber of the Geneva Cantonal Court. A.________ then filed an appeal to the Federal Court on May 31, 2025. However, the appellant did not fully pay the prescribed court fee in advance within the set deadline and attempted retroactively to demonstrate her payment status.
Complete summary of the judgment can be found in the Portal.
7B_330/2025: Substitute measures for pre-trial detention concerning a minor appellant
Summary of the Facts
The appellant, a minor, was placed in pre-trial detention by the juvenile magistrate of the Canton of Geneva due to a series of accusations, including threatening his sister with a knife and attempted coercion. Substitute measures for pre-trial detention were ordered, including a contact ban with the sister and a prohibition on moving into the family apartment as long as the sister lives there. The cantonal instance confirmed these measures. The appellant filed an appeal with the Federal Court against these measures, among other things, citing alleged violations of defense rights and excessive severity of the measures.
Complete summary of the judgment can be found in the Portal.
9C_198/2025: Decision on the appeal concerning health insurance
Summary of the Facts
The appellant A.________, insured with the Wädenswil Health Insurance Foundation, was pursued for outstanding premiums, cost contributions, and fees. Following a decision on the appeal by the health insurance, the cantonal insurance court of Aargau partially reduced the amount owed. The appellant appealed to the Federal Court, requesting a further reduction of the claim.
Complete summary of the judgment can be found in the Portal.
5A_265/2025: Order for withdrawal of an appeal in a debt enforcement procedure
Summary of the Facts
The appellant appealed against the seizure of his father's (debtor) liquidation share in an undistributed inheritance, unsuccessfully first to the District Court of Bremgarten and then to the Court of Appeal of the Canton of Aargau. Finally, he filed an appeal with the Federal Court. After his father's death, the appellant initially stated via email and later in writing with his own signature the withdrawal of the appeal.
Complete summary of the judgment can be found in the Portal.
5A_300/2025: Decision regarding child protection measures and legal remedies
Summary of the Facts
This is a family law dispute between A.________ and B.________, both parents of four minor children. Due to a serious conflict situation and the diagnosis of "severe parental alienation," the father A.________ was deprived of parental custody and the right to determine the children's place of residence by the cantonal authorities. The children were placed under the custody of the youth welfare office. The father opposed these measures and requested, among other things, a change in the measures taken and the granting of free legal aid.
Complete summary of the judgment can be found in the Portal.
7B_1054/2023: Judgment regarding attempted threat
Summary of the Facts
A.A.________ was initially convicted by the Public Prosecutor's Office of the Canton of Obwalden for threats to a fine and penalty. After an appeal, further investigations followed, ultimately leading to a conviction for attempted threat. The accusation was fundamentally based on statements made by the sister of the accused about a phone call in which he allegedly made threats, including intentions to murder several individuals. The statements of the sister, as well as police reports and witness testimonies, were used as evidence in the lower court.
Complete summary of the judgment can be found in the Portal.
8C_140/2025: Judgment regarding short-time work compensation for March 2022
Summary of the Facts
The A.________ GmbH, operator of the restaurant C.________, applied for short-time work compensation for the month of March 2022, which was initially granted by the unemployment insurance fund but later partially revoked due to pandemic-related relaxations. After several appeal procedures and court rejections, the Administrative Court of the Canton of Zug ultimately dismissed the complaint of A.________ GmbH, as the claimed loss of work for March 2022 could not be credibly demonstrated as pandemic-related. In this context, A.________ GmbH requests a renewed review by the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_865/2024: Inadmissibility of the appeal due to participation in an unauthorized sit-in
Summary of the Facts
A.________ was convicted for his participation in an unauthorized sit-in on the Avenue de Rhodanie in Lausanne during a climate demonstration on September 27, 2019. This blockade caused significant disruptions to public transport. The lower court reduced the amount of the fine in a new judgment and partially overturned the conviction based on a cantonal provision (LContr).
Complete summary of the judgment can be found in the Portal.
6B_578/2024: Judgment of June 12, 2025
Summary of the Facts
A.________ was convicted by the Tribunal des IIIe Arrondissements in the Canton of Valais on September 14, 2023, for various offenses, including simple bodily injury, threats between spouses, attempted rape, violations of maintenance obligations, sexual coercion, and offenses against the penal code as well as traffic legislation, to a prison sentence of 40 months. The judgment was partially adjusted by the cantonal criminal court of Valais, increasing the prison sentence to 60 months and identifying additional offenses. A.________ subsequently filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.