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New Federal Court rulings from 24.07.2025

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 dispositives. For the other judgments, you will find a summary of the facts. The 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.

7B_881/2024: Judgment on the appeal regarding security deposit

Summary of the Facts

A.________ filed an appeal to the Federal Court after the Cantonal Court of Fribourg ordered him to pay a security deposit of CHF 500.-. He requested, among other things, the annulment of the Cantonal Court's order due to alleged nullity.

Summary of the Considerations

- **E.1:** The Cantonal Court had ordered A.________ to provide a security deposit within 20 days. The appeal related to this order and the allegedly missing explanation of legal remedies. - **E.2:** The Federal Court reminded that according to Art. 42 paras. 1 and 2 BGG an appeal must be clearly substantiated, particularly by referring to specific errors in the contested decision. The qualified requirements for complaints were not met. - **E.3:** The lack of an explanation of legal remedies did not lead to any legal disadvantage according to the Federal Court. A.________ did not sufficiently contest the deadline for the security deposit. Moreover, he had already provided the security deposit, which meant he lacked the necessary standing to appeal. Therefore, the appeal was deemed obviously unfounded and treated in simplified proceedings (Art. 108 BGG). - **E.4:** Court costs of CHF 800.- were imposed on A.________.

Summary of the Dispositive

The appeal was declared inadmissible, and the court costs were imposed on the appellant.


6B_324/2025: Decision on a criminal appeal regarding house trespass and expulsion

Summary of the Facts

A.________ was initially sentenced by the District Court of Zurich to 10 months of imprisonment and a 5-year expulsion for theft and house trespass. After an appeal, the High Court discontinued the proceedings for house trespass, reduced the prison sentence to 3 months, and waived the expulsion. The public prosecutor's office of the Canton of Zurich appealed to the Federal Court.

Summary of the Considerations

- **E.1:** The Federal Court finds that the public prosecutor's office is not entitled to appeal regarding the validity of the criminal complaint for house trespass, as this issue lies within the jurisdiction of the injured party. - **E.2:** The arguments of the appellant regarding expulsion and sentencing are based on a conviction for house trespass, which was dismissed by the previous instance. This will not be addressed. - **E.3:** The Federal Court examines the possibility of optional expulsion according to Art. 66a of the Criminal Code. The appellant did not sufficiently raise this issue in the appeal proceedings. Therefore, she cannot introduce it for the first time before the Federal Court. - **E.4:** The appeal is not addressed overall due to the lack of standing to appeal and the exhaustion of the cantonal appeal process.

Summary of the Dispositive

The appeal is not addressed, no court costs are levied, and no compensation is awarded to the opposing party.


7B_357/2025: Appeal regarding the early review of conditional release

Summary of the Facts

- The appellant A.________ was sentenced to a 10-month prison term and additional sanctions for various offenses. - He filed several applications for conditional release, which were declared inadmissible by the responsible cantonal authorities, as the judgment was not final.

Summary of the Considerations

E.1: The Federal Court examines its jurisdiction and the admissibility of the appeal. Due to the appellant's release on April 22, 2025, the current practical interest regarding the requested conditional release is absent. E.1.2: Furthermore, it is determined that the reasoning of the appeal does not meet the requirements of Art. 42 para. 2 and Art. 106 para. 2 BGG. The appellant does not present valid arguments that the previous judgment would be contrary to federal law. E.1.3: The Federal Court confirms that the previous instances correctly argued that conditional release can only be considered when judgments are final (Art. 437 para. 1 StPO). It is also established that there is no violation of the principle of procedural acceleration.

Summary of the Dispositive

The appeal is declared inadmissible, and the request for free legal assistance is rejected.


7B_552/2025: Decision on the admissibility of a late-filed appeal in criminal matters

Summary of the Facts

A.________ filed an appeal against a decision of the Chambre pénale de recours of the Cour de justice de Genève dated April 28, 2025, which rejected his legal remedy against a previous decision of the Tribunals de police (April 7, 2025). This had revoked A.________'s public defense. The appeal to the Federal Court was filed late; A.________ requested a restoration of the deadline citing health reasons.


4A_339/2025: Decision on inadmissibility due to late submission of the appeal

Summary of the Facts

The appeal concerns the final decision on the enforcement of a judgment. The previous instance, the Camera di esecuzione e fallimenti of the Tribunal d'appello of the Canton of Ticino, declared A.________'s appeal inadmissible because the required cost advance was not paid in time. The delivery of the decision initially failed due to A.________'s absence. He eventually received the decision on May 30, 2025. A.________ filed an appeal on June 28, 2025, which arrived in Switzerland on July 4, 2025.


5A_534/2025: Judgment regarding a late appeal against a distribution plan

Summary of the Facts

The appellant contested a distribution plan from January 27, 2025, and filed an appeal with the supervisory authority for debt collection and bankruptcy of the Canton of Solothurn on June 13, 2025. This did not consider the appeal on June 17, 2025, due to it being late. The appellant subsequently filed a civil appeal to the Federal Court on July 7, 2025.


7B_514/2025: Judgment on the admissibility of a late-filed appeal in criminal matters

Summary of the Facts

A.________ filed an appeal against a non-admission order of the Ministry of the Canton of Jura. The cantonal appeals chamber rejected the appeal with a decision dated May 5, 2025. A.________ subsequently filed another appeal to the Federal Court against this decision.


5A_520/2025: Decision on custodial placement

Summary of the Facts

The appellant was placed in a custodial facility by the KESB Oberaargau on May 23, 2025. His appeal against this decision was rejected by the High Court of the Canton of Bern on June 6, 2025. With another appeal, he approached the Federal Court, contesting among other things the violation of his rights to access documents and the failure to order a counter-expert report.


8C_260/2025: Judgment on procedural prerequisites in unemployment insurance

Summary of the Facts

The appellant, A.________ AG, contested the rejection of her claim for adverse weather compensation for January 2023 by the unemployment insurance fund of the Canton of Zug. The previous instance decided that the corresponding application was not submitted within the legally prescribed period of three months, which resulted in the expiration of the claim.


5A_439/2025: Return following international child abduction according to the Hague Convention

Summary of the Facts

The parents of a daughter born in 2014 and another born in 2015 lived in Spain after their marriage. After separation and allegations of domestic violence by the mother, she moved with the children to Switzerland, registered her residence, and applied for measures for sole custody. The father requested the return of the children to Spain according to the Hague Convention on the Civil Aspects of International Child Abduction.


5A_393/2025: Non-admission of an appeal in civil matters due to unpaid cost advance

Summary of the Facts

The Cantonal Court of Schaffhausen opened bankruptcy proceedings against the appellant on March 3, 2025. The appellant filed an appeal with the High Court of the Canton of Schaffhausen on March 11, 2025, which on April 25, 2025, did not consider the appeal due to unpaid cost advances. Subsequently, the appellant filed a civil appeal to the Federal Court on May 22, 2025, but also failed to pay the required cost advance on time. The Federal Court did not materially address his submissions.


6B_860/2024: Judgment regarding obstruction of public services

Summary of the Facts

A.________ participated in an unauthorized demonstration on September 20, 2019, on the Pont Bessières in Lausanne. The blockade caused significant disruptions to public transport. A.________ was convicted for obstructing public services, hindering official actions, and simple traffic violations. The decision was confirmed by the previous instance. The appellant approached the Federal Court, which twice referred the matter back to the previous instance for further examination.


8C_27/2025: Judgment on the obligation to pay benefits by accident insurance in relation to a knee injury

Summary of the Facts

A.________ injured his left knee (ACL rupture and meniscus damage) while playing football on June 20, 2021, and underwent surgery. AXA Versicherungen AG, as the mandatory accident insurer, provided legal benefits until April 2022. In August 2022, A.________ reported a relapse with new complaints (cartilage damage and meniscus injury). AXA rejected the obligation to provide benefits for this, after which the Social Insurance Court of the Canton of Zurich upheld A.________'s appeal and confirmed AXA's obligation to provide benefits.


7B_618/2025: Appeal regarding electronic monitoring; non-admission due to late submission

Summary of the Facts

A.________ requested electronic monitoring from the Directorate for Security, Justice, and Sport (DSJS) of the Canton of Fribourg, which was denied by order dated March 6, 2025. The I. Administrative Court of the Cantonal Court of Fribourg rejected the appeal filed against this on May 28, 2025. On July 4, 2025, A.________ filed an appeal with the Federal Court.


5A_718/2024: Decision on the reorganization of parental custody

Summary of the Facts

The Federal Court is presented with an appeal regarding the reorganization of parental custody over a child. The father of the child requested to maintain the child under the joint parental custody of both parents, or at least to establish limited parental custody. The previous instance, the High Court of the Canton of Bern, confirmed the sole custody of the mother. The parents have been in strong conflict since the separation, and there has been no contact between the father and the child since 2018. Several decisions by authorities and courts have confirmed this situation.


5A_551/2025: Decision on the appeal regarding bankruptcy proceedings

Summary of the Facts

The appeal is directed against the bankruptcy proceedings against A.________ AG by the District Court of Baden. The High Court of the Canton of Aargau confirmed the bankruptcy proceedings after the appellant had not credibly demonstrated her solvency. Before the Federal Court, the appellant merely repeated content from her cantonal appeal without specifically addressing the considerations deemed decisive by the High Court.


9C_266/2025: Judgment on the formal validity of an appeal in the area of disability insurance

Summary of the Facts

The appellant filed an appeal on April 25, 2025, against a ruling of the Federal Administrative Court dated March 12, 2025. The Federal Court identified a formal defect, as the required power of attorney was missing. Despite being granted an extension until June 2, 2025, this defect was not remedied.


5A_82/2025: Judgment on contesting resolutions of a condominium owners' meeting

Summary of the Facts

A.________, a condominium owner of an apartment, a workshop, and parking spaces in the condominium community B.________strasse xxx and yyy, contested several resolutions of the condominium owners' meeting from June 12, 2021, including those regarding the distribution of communal costs, the renewal fund, roof repairs, and the audit report. The decision of the civil district court of Basel-Landschaft West, which had dismissed the lawsuit, was confirmed by the Cantonal Court of Basel-Landschaft. A.________ subsequently appealed to the Federal Court.


8C_178/2025: Decision on the determination of insured earnings in accident insurance

Summary of the Facts

The plaintiff, A.________, worked as an engraver and managing director of his own company, B.________ SA. After an accident in 2018, he was granted daily allowances from the Swiss Accident Insurance Institute (CNA) based on an insured income of CHF 82,800. This calculation was based on statistical wage data and competence level 2. The plaintiff believed his insured earnings were too low and demanded CHF 127,109, which would correspond to competence level 4.


2C_373/2025: Decision on the inadmissibility of a delay complaint in the asylum procedure

Summary of the Facts

The appellant, a Turkish national, submitted his asylum application in Switzerland on January 28, 2020, which was rejected by the State Secretariat for Migration (SEM) on July 8, 2021. His application for refugee status was denied, and he was instructed to leave Switzerland. The appellant then filed an appeal with the Federal Administrative Court on August 9, 2021. As the procedure there was still pending after several years, the appellant submitted a delay complaint to the Federal Court on July 8, 2025. He requested a determination of an inadmissible delay and an order to the Federal Administrative Court to decide on the procedure without delay.


5A_424/2025: Judgment on international child return

Summary of the Facts

The father of the two children A.________ and D.________ requested their return to Spain after their unlawful removal by the mother to Switzerland. The previous instance, the High Court of the Canton of Bern, ordered the return of the children to Spain. The son A.________ filed an appeal against the decision through a privately mandated lawyer.


9C_237/2025: Judgment on the question of non-admission of a revision request in the area of disability insurance

Summary of the Facts

The appellant requested the revision of a decision in the area of disability insurance from the Administrative Court of the Canton of Bern. The request for free legal assistance was rejected due to its hopelessness, and a deadline was set for the payment of the cost advance. After the previous instance did not admit the request due to the lack of a stated ground for revision, the appellant contested this before the Federal Court.


6B_904/2024: Judgment on embezzlement

Summary of the Facts

A.________ was convicted of completed and attempted embezzlement in connection with several incidents. He repeatedly manipulated B.________ under false pretenses to obtain money. He was accused of having used a complex deception scheme that included photographic and personal aspects to deliberately influence his victims and achieve financial gain.


7F_20/2025: Decision on revision and recusal request

Summary of the Facts

The A.________ AG requested a revision of the Federal Court judgment dated February 25, 2025, and demanded the recusal of Federal Judge Bernard Abrecht due to alleged bias. Additionally, a request for free legal assistance was submitted.


7B_509/2025: Decision on the inadmissibility of an appeal due to missing qualified electronic signature

Summary of the Facts

A.________ filed an appeal with the Criminal Court of the Canton of Vaud against a non-admission order by the Attorney General dated February 25, 2025. The cantonal appeals chamber declared the appeal inadmissible on April 7, 2025. Subsequently, A.________ filed an appeal with the Federal Court on June 7, 2025, using a secure platform (PrivaSphere). This submission was incorrect due to the lack of a qualified electronic signature.


7B_880/2024: Judgment on security deposit and explanation of legal remedies

Summary of the Facts

The appellant A.________ filed an appeal with the Federal Court against an order of the Cantonal Court of Fribourg, Criminal Chamber, dated July 4, 2024. This ordered him to provide a security deposit of CHF 500.- within 20 days. The appellant requested, among other things, the annulment of this order due to alleged nullity based on a lack of explanation of legal remedies.


7F_19/2025: Inadmissibility of the revision request

Summary of the Facts

The applicant requested a revision of the Federal Court ruling 7B_1454/2024 dated February 19, 2025, among other things due to alleged recusal of Federal Judge Koch. However, the applicant failed to pay the required cost advance on time, which is why the revision request was not admitted.


5A_530/2025: Non-admission of an appeal against a ruling of the supervisory authority for debt collection and bankruptcy in connection with a seizure

Summary of the Facts

The appellant submitted several applications to the supervisory authority for debt collection and bankruptcy of the Canton of Solothurn, which were rejected on June 13, 2025, insofar as they were considered. Against this ruling, he filed an appeal with the Federal Court on June 29, 2025 (postmark: July 1, 2025).


7B_1407/2024: Decision regarding a request for the rejection of a public prosecutor

Summary of the Facts

A.________, against whom criminal investigations are being conducted for various offenses, requested the rejection of prosecutor Olivia Dilonardo due to alleged prior bias. He justified this, among other things, with an allegedly one-sided investigation against him, erroneous decisions, and a disregard for his health problems. The request was already rejected by the previous instance, after which A.________ filed an appeal with the Federal Court.


2C_325/2024: Residence permit EU/EFTA and expulsion

Summary of the Facts

The appellant (A.________), a French national, had been living in Switzerland with her children since 2013 and was employed at times. After the end of her employment in 2016 and complete inability to work from 2017, she received social assistance. In 2022, the migration office denied the extension of her residence permit and ordered her expulsion. The cantonal legal remedies were unsuccessful. The appellant appealed to the Federal Court, requesting an extension of her residence permit citing the Free Movement Agreement (FZA) and Art. 8 of the ECHR.


7B_1389/2024: Judgment on sexual acts with children and sexual coercion

Summary of the Facts

A man (A.________) was acquitted by the Tribunal correctionnel des Tribunal d'arrondissement of the Canton of Vaud of the charges of committing sexual acts with children and sexual coercion. The previous instance awarded him compensation for wrongful detention. However, on appeal by the Ministère public and the private plaintiffs, the Cour d'appel pénale of the Canton of Vaud found him guilty of these offenses and sentenced him to four years of imprisonment and to pay damages to one of the injured parties.


4A_144/2025: Decision to suspend a civil process during debt restructuring according to Art. 297 para. 5 SchKG

Summary of the Facts

The A.________ GmbH sued before the Cantonal Court of Basel-Landschaft for the transfer of trademarks and trademark applications of B.________ GmbH and the registration of its ownership in the trademark register. During the course of the proceedings, the civil district court of Basel-Landschaft East granted the defendant a provisional debt restructuring, followed by a definitive debt restructuring. On this basis, the Cantonal Court suspended the ongoing civil proceedings based on Art. 297 para. 5 SchKG. The appellant subsequently filed a civil appeal to overturn the suspension order and compel the continuation of the proceedings.


7B_1047/2023: Judgment on sentencing and expulsion

Summary of the Facts

A.________ was convicted for multiple, partly attempted fraud, unlawful receipt of services from a social insurance scheme, and violation of the ELG before various instances. While the District Court of Lenzburg sentenced him to a conditional fine and an expulsion order, the High Court of the Canton of Aargau reduced the fine and waived the expulsion order. The public prosecutor's office of the Canton of Aargau subsequently appealed to the Federal Court, among other things, for the re-evaluation of the sentence and for the imposition of an expulsion order.


6B_611/2024: Judgment in criminal matters

Summary of the Facts

The appellant, a national of P.________, was convicted of numerous offenses – including fraud, attempted fraud, theft, property damage, and house trespass – as well as violations of various laws and regulations. Special circumstances of the offenses include deceptions through staged scenarios and the use of manipulative techniques to obtain money from victims. Additionally, the appellant was sentenced to expulsion from Switzerland.


9C_187/2025: Decision regarding state and municipal taxes of the Canton of Zurich as well as direct federal tax

Summary of the Facts

The Federal Court is concerned with the question of whether the Administrative Court of the Canton of Zurich rightly rejected the complaints of A.________ AG against non-admission decisions regarding state and municipal taxes of the Canton of Zurich as well as direct federal tax for the tax year 2020/2021. The dispute concerns the recognition of a negative reserve and the associated capital taxation. It will be examined whether the taxpayer has a legitimate interest in a requested higher assessment.


5A_515/2025: Decision on an appeal regarding release from custodial placement

Summary of the Facts

The appellant was placed in a custodial facility on April 10, 2025, by the B.________ AG clinic. The District Court of Meilen rejected her request for release on April 17, 2025. After a temporary release, the appeal before the Zurich High Court was dismissed as moot. With a submission dated June 25, 2025, the appellant filed an appeal with the Federal Court.