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 provide detailed summaries including facts, considerations, and decisions. For the other 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_146/2025: Decision concerning the change of official defense
Summary of the Facts
The District Court of Zurich ordered a stationary therapeutic measure for A.________ due to his incapacity to stand trial, in accordance with Art. 59 of the Swiss Penal Code (StGB). In 2023, a new measure was requested, which was to include compulsory electroconvulsive therapy. A.________ requested a change of his official defender in the ongoing appeal proceedings on the grounds that the trust relationship was severely disturbed and the defense had neglected its duties. The Higher Court of the Canton of Zurich rejected the request.
Summary of the Considerations
The Federal Court examines the admissibility requirements and finds that the appeal is permissible, as an irreparable disadvantage threatens if a severely disturbed trust relationship exists. The lower court established that A.________ is incapable of judgment concerning the requested measures. The defense was carried out based on a hypothetical will, which would not change with a change of defense. The legal basis for a change of official defense (Art. 134 para. 2 StPO) requires objective reasons for a disturbance of the trust relationship. Subjective perceptions are not sufficient, and serious breaches of duty are not present. The allegations made by the appellant against the official defender (lack of advice, lack of communication) are not sufficiently specified and do not substantiate a serious breach of duty. The appellant's criticism of the defense strategy remains general and appeals to emotions. Therefore, a change of official defense was rightly denied.
Summary of the Decision
The appeal and the request for free legal assistance are dismissed, and court costs are imposed.
4A_331/2025: Decision on the admissibility of an appeal against cantonal judgments
Summary of the Facts
The appellant, A.________, filed a lawsuit against B.________ AG, demanding among other things, payment of an amount of CHF 486,705.70, payment of precautionary contributions, and the amendment of his employment reference. The Cantonal Court of Zug ordered the respondent to pay a reduced amount and dismissed the rest of the claim. Upon appeal and cross-appeal by both parties, the Higher Court of Zug further reduced the owed amount. The appellant then appealed to the Federal Court against both cantonal decisions.
Summary of the Considerations
- **E.1:** An appeal is only permissible against decisions of the highest cantonal instances (Art. 75 para. 1 BGG). The Cantonal Court is not such an instance; therefore, the appeal is not admissible in this respect. - **E.2:** The appeal against the judgment of the Higher Court was submitted late. The deadline of 30 days after the delivery of the judgment (Art. 100 para. 1 BGG) expired on November 27, 2024, but the submission was made only on July 1, 2025. Therefore, the appeal is also not admissible in this respect. - **E.3:** Court costs are imposed on the unsuccessful appellant (Art. 66 para. 1 BGG); however, no party compensation is awarded to the respondent since they incurred no costs (Art. 68 para. 2 BGG).
Summary of the Decision
The appeal was not admitted, and court costs were imposed on the appellant.
7B_227/2025: Judgment on the non-admission of an appeal regarding free legal assistance
Summary of the Facts
The Higher Court of the Canton of Bern dismissed a request for free legal assistance in the appeal proceedings against the decision of a public prosecutor not to initiate proceedings. The appellants appealed against this decision to the Federal Court.
Summary of the Considerations
- E.1: The Federal Court examines the submission of the appellants and finds that the appeal does not meet the justification requirements according to Art. 42 para. 2 and Art. 106 para. 2 BGG, as it is evidently inadequately justified. - E.2: Due to the lack of sufficient justification, the appeal is not admitted, in the simplified procedure according to Art. 108 para. 1 lit. b BGG. - E.3: The appellants are imposed court costs of CHF 500.–, based on Art. 66 para. 1 BGG.
Summary of the Decision
The appeal was not admitted and court costs of CHF 500.– were imposed.
7F_15/2025: Request for revision of a judgment regarding missed deadlines and granted legal assistance
Summary of the Facts
The applicant A.________ requested the revision of a judgment of the Federal Court dated January 20, 2025 (7B_17/2025), which declared his appeal against a decision of the lower court inadmissible. He argued that the deadline was not met due to a postal error and also cited health reasons that prevented him from acting in a timely manner. At the same time, he requested the granting of free legal assistance.
Complete summary of the judgment can be found in the Portal.
5A_69/2025: Appeal against the termination of a superficies contract and the return of the corresponding right.
Summary of the Facts
The municipality of B.________ terminated a superficies contract with A.________ SA in 2017, which was originally concluded in 1959 for a fixed term of 99 years and had been modified several times. The termination was made due to alleged serious breaches of duty on the part of the superficies holder regarding the use and maintenance of the affected property. The parties could not agree on fair compensation for the withdrawal from the contract, leading to legal proceedings. The lower instances confirmed the termination of the contract, which was ultimately brought before the Federal Court.
Complete summary of the judgment can be found in the Portal.
9G_2/2025: Correction of a previous judgment in occupational pension law matters
Summary of the Facts
The Fonds de garantie LPP requested the correction of a previous judgment of the Federal Court (dated April 29, 2025, 9C_242/2022, 9C_274/2022), as the decision regarding the awarding of party compensation was contradictory. In particular, a party compensation was incorrectly awarded to A.________, although the prerequisites according to the Federal Court Act (Art. 68 para. 1 and 2 LTF) were not met.
Complete summary of the judgment can be found in the Portal.
6B_557/2025: Inadmissibility of an appeal against a cantonal conviction for serious traffic rule violations
Summary of the Facts
A.________ was convicted by the Corte di appello e di revisione penale of the Canton of Ticino (CARP) on September 11, 2023, for serious traffic rule violations. Due to missed deadlines, A.________ requested reinstatement to the previous state for an appeal, which was declared inadmissible by CARP on May 12, 2025. With an appeal to the Federal Court, A.________ requested the annulment of this decision as well as a substantive review of his conviction and his acquittal.
Complete summary of the judgment can be found in the Portal.
4A_119/2025: Judgment on the appointment of a custodian due to organizational deficiencies
Summary of the Facts
The H.________ AG has no validly elected board of directors, which constitutes an organizational deficiency. The G.________ AG requested before the Commercial Court of the Canton of Zurich the remedy of this deficiency by appointing a custodian with sole signatory authority. The lower court appointed a custodian and partially regulated his powers. Six intervening parties, who had appeared in support of H.________ AG, appealed before the Federal Court and requested the annulment of the partial judgment, disputing the active legitimacy of G.________ AG.
Complete summary of the judgment can be found in the Portal.
1C_203/2025: Dismissal of an appeal procedure due to lack of subject matter
Summary of the Facts
A.________ contacted the Federal Intelligence Service (NDB) and requested information on data stored about him as well as the correction of false accusations. He also filed a complaint with the Federal Administrative Court for denial of justice and delay of justice by the NDB. During the proceedings, the NDB provided the requested information. The Federal Administrative Court dismissed the procedure as lacking subject matter and referred the application of the appellant to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_277/2025: Non-admission and non-acceptance in an appeal procedure
Summary of the Facts
The appellants A.________ and B.________ filed an appeal against a decision of the Higher Court of the Canton of Aargau, Appeal Chamber in Criminal Matters, dated February 10, 2025. The Higher Court did not accept their appeal against the non-admission decision of the public prosecutor's office of Baden dated December 4, 2024. The Federal Court examines the submission of the appellants.
Complete summary of the judgment can be found in the Portal.
7B_396/2025: Decision on the non-admission of a criminal case
Summary of the Facts
The appellant filed an appeal against a ruling of the Cantonal Court of Basel-Landschaft, which had dismissed his appeal against the non-admission decision of the public prosecutor's office of Basel-Landschaft. The appeal submitted to the Federal Court did not meet the legal justification requirements.
Complete summary of the judgment can be found in the Portal.
9C_517/2024: Judgment on inter-municipal tax sovereignty in the Canton of Zurich
Summary of the Facts
The judgment concerns tax sovereignty regarding a legal entity whose actual administration is disputed between two municipalities (U.________ and V.________) in the Canton of Zurich. The subject of the proceedings are the tax periods 2011 to 2020. The city of U.________ and the liable party (C.________ AG) filed complaints after the Administrative Court of the Canton of Zurich partially assigned the tax periods to the tax sovereignty of the city of U.________ and established forfeiture for earlier periods.
Complete summary of the judgment can be found in the Portal.
2C_388/2025: Non-renewal of a residence permit and expulsion
Summary of the Facts
The Iranian citizen A.________ entered Switzerland in 2018, received a residence permit in 2021 due to marriage to a person entitled to reside in Switzerland, which was separated in 2022 and legally divorced in 2023. Due to several criminal offenses and domestic violence, the extension of his residence permit was denied, and expulsion from Switzerland was ordered. The appellant filed legal remedies, which were unsuccessful. He then turned to the Federal Court, which treated the submission as an appeal against the judgment of the Administrative Court dated May 19, 2025.
Complete summary of the judgment can be found in the Portal.
4A_345/2025: Judgment on tenant eviction
Summary of the Facts
The respondent B.________ requested the eviction of the appellant A.________ from a rented ground floor apartment. The single judge at the District Court of Gersau ordered the eviction. An appeal against this decision was dismissed by the Cantonal Court of Schwyz, to the extent it was admitted. The appellant then filed an appeal with the Federal Court, requesting suspensive effect.
Complete summary of the judgment can be found in the Portal.
6B_132/2024: Judgment regarding violence and threats against authorities and officials
Summary of the Facts
A.________ was accused of having slapped an employee of C.________ AG on the cheek during a ticket control. This led to a first-instance and cantonal conviction for violence and threats against authorities and officials in accordance with Art. 285 para. 1 StGB. The Federal Court examines the appeal filed by A.________ against the judgment of the Higher Court of the Canton of Aargau.
Complete summary of the judgment can be found in the Portal.
4A_320/2025: Decision on provisional enforcement
Summary of the Facts
The respondents requested provisional enforcement for two claims (each CHF 204,327.-- plus interest) against the appellant. The single judge of the Cantonal Court of Zug granted enforcement over CHF 396,639.30 plus interest at 5%, while other claims were dismissed due to payment. The appellant appealed against this, which was dismissed by the Higher Court of Zug.
Complete summary of the judgment can be found in the Portal.
6B_151/2025: Judgment on the inadmissibility of the appeal against a conviction for loss of vehicle control and wrongful conduct in an accident
Summary of the Facts
The appellant was initially convicted by the District Court of Meilen and later by the Higher Court of the Canton of Zurich for loss of control of the vehicle and wrongful conduct in an accident, resulting in a fine of CHF 350.–. She allegedly touched a correctly parked car while parking her vehicle and left the accident scene. The lower court mainly relied on the statements of a witness who observed the incident. The appellant challenged the assessment of evidence before the Federal Court, claiming a violation of the principle of "in dubio pro reo".
Complete summary of the judgment can be found in the Portal.
7B_977/2024: Duty to communicate to the disciplinary authority upon the initiation of a criminal investigation against a healthcare professional
Summary of the Facts
A.________, a nursing assistant, was charged in two separate criminal proceedings in the Canton of Vaud for various allegations, including acts of violence, violation of traffic regulations, and violation of the narcotics law. The proceedings were ultimately consolidated. The main issue concerns the communication about the initiation of the criminal investigation to the supervisory disciplinary authority of the Department of Health and Social Affairs (DSAS).
Complete summary of the judgment can be found in the Portal.
9C_431/2024: Calculation of bonuses for tasks related to old-age pension
Summary of the Facts
The appellant, the Caisse cantonale neuchâteloise de compensation (CCNC), granted the respondent A.________ a simple old-age pension amounting to CHF 2,097 monthly starting March 1, 2023. This was calculated based on an average annual income and halved bonuses for childcare tasks. The respondent successfully appealed before the cantonal court and demanded the consideration of full bonuses for childcare tasks.
Complete summary of the judgment can be found in the Portal.
1C_113/2024: Approval for a mobile phone facility in the municipality of Perly-Certoux
Summary of the Facts
Swisscom (Suisse) SA applied to the Canton of Geneva for permission to build a mobile phone facility (3G, 4G, and 5G) on a building in the municipality of Perly-Certoux. Due to differing expert opinions and views on the matter, particularly from the municipal administration, the permit was granted by the responsible department. Several proceedings followed, during which both the municipality of Perly-Certoux and residents filed complaints against the permit. The point of contention particularly concerned the impacts of adaptable antennas and their compliance with applicable environmental legislation.
Complete summary of the judgment can be found in the Portal.
7B_1425/2024: Decision on non-admission and granting of free legal assistance
Summary of the Facts
The appellant A.________ filed a criminal complaint in November 2022 for human trafficking, qualified deprivation of liberty, and sexual offenses against unknown perpetrators after she and her son allegedly became victims of serious crimes in the summer of 2022. The investigation was not initiated by the Geneva Public Prosecutor's Office due to a lack of sufficiently concrete evidence, and free legal assistance for the proceedings was denied. The appellant unsuccessfully appealed to the cantonal appeals chamber, which partially annulled the decision.
Complete summary of the judgment can be found in the Portal.
5A_468/2025: Decision of the Federal Court regarding the inadmissibility of a legal remedy concerning the annulment of an attachment
Summary of the Facts
A.________ filed an appeal against the rejection of his legal remedy by the cantonal authority. This dealt with the annulment of an attachment that had originally been placed on B.________'s assets at banks in Lugano. A.________ requested that the attachment be converted into a criminal attachment and that the assets be returned to him as the alleged victim of the offense.
Complete summary of the judgment can be found in the Portal.
1C_553/2024: Review of the permit for the establishment of a mobile phone facility in the municipality of Founex
Summary of the Facts
The municipality of Founex, owner of plot No. 1054, filed an application on behalf of Sunrise Sàrl for the construction of a 20-meter-high mobile phone facility with adaptive antennas and a base station. The project faced resistance from residents. After clarifying technical questions regarding compliance with radiation protection threshold values, the construction and operation permits were granted by cantonal and municipal authorities. The appellants sought a revision of the permits.
Complete summary of the judgment can be found in the Portal.
7B_578/2025: Inadmissibility of the appeal for the extension of pre-trial detention
Summary of the Facts
A.________ was arrested on November 26, 2024, on suspicion of murder or, alternatively, intentional killing of his sister-in-law B.________. The cantonal authorities repeatedly extended his pre-trial detention. A.________ appealed against the last extension, which was dismissed by the Corte dei reclami penali of the Ticino Court of Appeals. On June 24, 2025, he filed an appeal with the Federal Court, requesting his immediate release or the introduction of alternative measures.
Complete summary of the judgment can be found in the Portal.
4A_358/2025: Non-admission in a tenant eviction case
Summary of the Facts
The appellant contested a decision of the enforcement authority for civil and administrative law of the Canton of Basel-Landschaft regarding a tenant eviction. She also requested the suspensive effect of the appeal. The Federal Court examined the admissibility of the submission.
Complete summary of the judgment can be found in the Portal.
6B_227/2025: Decision to annul a judgment of the Federal Criminal Court and refer for a new decision
Summary of the Facts
Several appeals were filed against a judgment of the Appeals Chamber of the Federal Criminal Court dated November 26, 2024. The appellant 1 (Federal Prosecutor's Office) criticized essential procedural deficiencies, particularly a lack of justification, and requested the annulment of the judgment. The other appeals concerned the legal representation after mergers and the consequences of the death of a party.
Complete summary of the judgment can be found in the Portal.
1C_530/2024: Federal Court judgment on the disputed establishment of a cantonal zone reserved
Summary of the Facts
The A.________ Foundation, owner of a plot in the municipality of Tannay, opposed the establishment of a cantonal reserved zone on this plot by the cantonal authorities. The background was the plan revision for resizing the oversized building zones of the municipality of Tannay according to the provisions of the Spatial Planning Act. The parties disputed the appropriateness and proportionality of the zoning establishment as well as the consideration of the planning intentions of the municipality.
Complete summary of the judgment can be found in the Portal.
7B_389/2025: Appeal against the order of provisional pre-trial detention during the execution of a measure
Summary of the Facts
A.________, a minor, was convicted by the Youth Court of the Canton of Bern for multiple offenses, including theft, property damage, and intentional arson, and subjected to a measure. Due to multiple escape attempts from an open treatment facility, he was temporarily placed in pre-trial detention by the youth criminal law of the Canton of Bern until a suitable place could be found in another institution. A.________ filed an appeal against this decision with the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_447/2025: Inadmissibility of an appeal against a cantonal decision
Summary of the Facts
The appellant contested the decision of the Higher Court of the Canton of Zurich, III. Criminal Chamber, dated March 24, 2025, which rejected her request for an extension for the correction of her StPO appeal and the requirement for a process security of CHF 5,000. The lower court argued that the statutory ten-day deadline could not be extended and that an extension was legally unnecessary.
Complete summary of the judgment can be found in the Portal.
2C_68/2024: Judgment on the lawful shooting permit of a wolf
Summary of the Facts
Between August and November 2023, several sheep in the Schils and Weisstannental areas of the Canton of St. Gallen were attacked by wolves. DNA analyses could only attribute one specific incident to a wolf. The cantonal authority then ordered the shooting of a single wolf from a wolf pair in the affected territory. Pro Natura appealed against the shooting order due to lack of evidence regarding herd protection and the identification of the animal causing the damage.
Complete summary of the judgment can be found in the Portal.
7B_380/2025: Non-performance of the cost advance
Summary of the Facts
A.________ filed an appeal against a decision of the St. Gallen Public Prosecutor's Office dated January 14, 2025, regarding access to files. The indictment chamber of the Canton of St. Gallen did not admit this appeal on March 20, 2025. A.________ subsequently filed appeals with the Federal Court on April 27, 2025.
Complete summary of the judgment can be found in the Portal.
5A_187/2025: Decision concerning divorce and post-marital maintenance
Summary of the Facts
A.________ and B.________, married since 1996, separated on October 1, 2019. An agreement on measures to protect the marital community was ratified in 2019 and stipulated that no maintenance payments would be made between the parties. In 2022, the husband applied for divorce, stating that no maintenance payment was owed. The wife demanded a monthly maintenance payment ultimately amounting to CHF 3,447.20. The first-instance court ordered the divorce and obligated the husband to pay a monthly maintenance of CHF 1,910 to the wife. The cantonal appellate instance confirmed this decision.
Complete summary of the judgment can be found in the Portal.