Latest Rulings of the Federal Court
Here you will find the latest rulings from the Federal Court (BGer) from bger.ch. For the first three rulings, we provide detailed summaries including facts, considerations, and dispositions. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There, you can configure your newsletter and receive the latest rulings tailored to your areas of law.
7B_909/2024: Inadmissibility of the complaint regarding the withdrawal of evidence from a criminal file
Summary of Facts
Criminal proceedings were initiated against A.________ for fraud (Art. 146 StGB), as he allegedly received several loans using counterfeit watches as collateral between January 2018 and October 2019. The dispute concerns the request to withdraw a letter from B.________ SA from the criminal file, which questions the authenticity of the watches.
Summary of Considerations
**E.1** The Federal Court examines the admissibility of a complaint regarding the use of evidence ex officio and states that such decisions can only be contested under specific conditions (Art. 93 para. 1 lit. a BGG). An irreparable legal damage is required, whereby the mere retention of evidence in the file usually does not constitute such damage. **E.1.1** The letter from B.________ SA does not meet the requirements of irreparable damage according to Art. 93 para. 1 lit. a BGG, as its use can be challenged later. A.________'s arguments in this regard are insufficient and hypothetical. His submissions regarding the relevant criminal procedural provisions (Art. 141 para. 2 and Art. 182 ff. StPO) also do not support the justification for the admissibility of the complaint. **E.1.3** Due to the lack of demonstration of irreparable damage, the Federal Court declares the complaint inadmissible.
Summary of Disposition
The complaint is declared inadmissible and the court costs are imposed on the complainant.
5A_589/2025: Inadmissibility of the complaint against wage garnishment
Summary of Facts
The debt collection office of the Seebezirk ordered a wage garnishment regarding the amount exceeding the subsistence minimum. The complainant argued that he and his wife had separate finances, but he did not sufficiently engage with the considerations for calculating the subsistence minimum and merely repeated his previously stated positions at the cantonal level. New and inadmissible submissions were also made, without demonstrating how they would influence the calculation of the subsistence minimum.
Summary of Considerations
- **E.1:** Decisions by cantonal supervisory authorities regarding orders from enforcement authorities are subject to complaint regardless of the amount in dispute at the Federal Court (Art. 17 SchKG, Art. 72 para. 2 lit a and Art. 74 para. 2 lit. c BGG).
- **E.2:** The Federal Court does not examine discretionary questions, only legal violations. The complainant must substantively address the considerations of the contested decision in the complaint (Art. 42 para. 2 BGG).
- **E.3:** The complainant's arguments are inadmissible and insufficiently substantiated (Art. 42 para. 2 and Art. 99 para. 1 BGG), as no specific legal violations have been presented and only previously stated positions at the cantonal level were repeated.
- **E.4:** The new submissions of the complainant relate to personal circumstances such as his age and health status, without demonstrating how they influence the calculation of the subsistence minimum.
- **E.5:** Due to the insufficient justification, the complaint is not admitted (Art. 108 para. 1 lit. b BGG).
- **E.6:** The request for suspensive effect becomes moot due to the immediate ruling.
- **E.7:** No court costs are incurred, and the request for free legal aid also becomes irrelevant, as it would have been dismissed due to lack of prospects for success.
Summary of Disposition
The complaint is declared inadmissible and the request for suspensive effect is not admitted.
6B_526/2025: Criminal proceedings regarding formal inadmissibility of the complaint
Summary of Facts
A.________ applied to the Chambre pénale d'appel et de révision of the Cour de justice in Geneva for the revision of several decisions, including a ruling of the police court that had convicted her of defamation. These requests were declared inadmissible. A.________ then filed a complaint with the Federal Court against the decision of the Geneva judiciary. She argued, among other things, that she was innocent and a victim of a defamatory report by her neighbors.
Summary of Considerations
- **E.1**: The Chambre pénale d'appel et de révision declared on May 5, 2025, A.________'s request for revision inadmissible, as deadlines were not met and the formal requirements were not fulfilled. - **E.2**: A.________ filed a complaint with the Federal Court on June 7, 2025, which was not sufficiently justified in form. She did not specify any legal violations and did not precisely refer to the decisions she wanted to challenge. - **E.3**: The question of A.________'s capacity to file a complaint, given the existing guardianship arrangement, was left open. - **E.4**: The requirements for the justification of a complaint according to Art. 42 para. 2 and Art. 106 para. 2 BGG were neither fulfilled nor thematically adhered to. Her submissions were merely assertive and purely alleged. - **E.5**: Due to the formal inadmissibility, the Federal Court declared the complaint inadmissible.
Summary of Disposition
The complaint is declared inadmissible and no court costs are imposed.
7B_1053/2024: Refusal of rights and ne bis in idem
Summary of Facts
A.________ was convicted by a final penal order of the Regional Public Prosecutor's Office of Oberland for gross violation of traffic rules. Later, the cantonal police of Bern initiated investigations against A.________ for allegedly driving a vehicle without authorization, based on the same facts. A.________ approached the public prosecutor's office to annul the hearing and to dismiss the case, which was rejected. He filed a complaint against this decision, which was dismissed by the Cantonal Court of Bern. A.________ then appealed to the Federal Court.
Complete summary of the ruling can be found in the Portal.
6B_243/2025: Late declaration of appeal and delivery fiction according to Article 85 para. 4 StPO
Summary of Facts
The Regional Court of Landquart acquitted several individuals of the charge of unauthorized intrusion into a data processing system and dismissed the civil lawsuit from A.________. A.________ then declared an appeal; however, the Cantonal Court of Graubünden did not enter into it due to a late declaration of appeal. The complainant approached the Federal Court to contest this decision of non-admission and requested free legal aid.
Complete summary of the ruling can be found in the Portal.
4A_269/2025: Inadmissibility of the complaint
Summary of Facts
A.________ (complainant) opposed a payment order issued by the Office for Financial Disputes of the canton of Valais (respondent) in a debt collection (Pursuit No. xxx) and submitted a request for reopening. The District Court of Sion granted the definitive reopening in the amount of CHF 82,466.95 (plus interest of 3% from November 28, 2023) and CHF 15,146.30. The complainant then filed a complaint with the Civil Court of the canton of Valais, which dismissed it. It also rejected a request to suspend the proceedings.
Complete summary of the ruling can be found in the Portal.
1C_585/2024: Decision regarding the complaint concerning construction projects and standing to complain
Summary of Facts
The company A.________ Sàrl is the tenant of parcel No. 15041 in Sion and uses the A.________ sports center there. After several disputes regarding the tenancy and its termination, a building permit was issued by the municipal council of Sion in January 2023, which A.________ Sàrl opposed. The State Council of the canton of Valais rejected the tenant's complaint, and the Cantonal Court of Valais declared the cantonal appeal filed by the tenant inadmissible, as her standing to complain was denied. The company A.________ Sàrl lodged a complaint against this decision with the Federal Court.
Complete summary of the ruling can be found in the Portal.
7B_742/2023: Ruling on the complaint regarding crimes related to COVID-19 credit and other offenses
Summary of Facts
The Federal Court deals with a complaint from A.________ against a ruling of the lower court, which convicted him of fraud (Art. 146 para. 1 StGB) and forgery (Art. 251 StGB) in connection with the application for a COVID-19 credit as well as other offenses such as theft, trespass, and property damage. A.________ had made false statements about the revenue of his company to obtain the loan, the amount of which he primarily used for personal purposes. The complaint is directed against the conviction and the imposed sentence.
Complete summary of the ruling can be found in the Portal.
2C_595/2024: Decision regarding the revocation of EU/EFTA residence permit
Summary of Facts
The Austrian citizen A.________, who was originally born in Switzerland, returned to Switzerland after a stay in Germany starting in May 2019. He initially obtained an EU/EFTA residence permit for unemployed residence and later one for employment. After several short-term employment relationships and subsequent receipt of early retirement and supplementary benefits, his residence permit was revoked due to lack of financial independence and failure to meet the conditions for a right of residence under free movement law.
Complete summary of the ruling can be found in the Portal.
7B_222/2025: Rejection of a complaint regarding a new criminal ruling
Summary of Facts
A.________ was criminally prosecuted by the State Ministry of Geneva in 2009 on suspicion of fraud and forgery. Due to health problems, he repeatedly attempted to delay or have the proceedings reassessed. After an expert consultation, it was established that his health conditions did not prevent him from participating in court hearings. He remained absent from judgment hearings, prompting the court to conduct proceedings in his absence, partially acquitting him but also sentencing him to a prison term of 18 months (with a 3-year probation).
Complete summary of the ruling can be found in the Portal.
1C_400/2025: Decision regarding international legal assistance in criminal matters
Summary of Facts
The European Public Prosecutor's Office requested legal assistance from Switzerland in the context of a criminal proceeding concerning, among other things, the formation of a criminal organization, money laundering, self-money laundering, and fraud. The subject matter is the procurement of documents regarding an account of A.________ SA as well as other documents from the commercial and tax register. The Swiss Ministry of Public Security (MPC) ordered the release of the documents, which was confirmed by the Appeals Chamber of the Federal Criminal Court following complaints from A.________ SA. The complaint to the Federal Court was directed against the corresponding decision of the Federal Criminal Court.
Complete summary of the ruling can be found in the Portal.
5A_590/2025: Decision regarding the opening of bankruptcy and complaints about the right to be heard
Summary of Facts
The complaint concerns the dismissal of a cantonal complaint by the Cantonal Court of Obwalden on June 12, 2025. The subject of the dispute is the opening of bankruptcy against the complainant by the Cantonal Court of Obwalden. She claims, among other things, a violation of her right to be heard and requested the Federal Court to annul the cantonal decision and to grant free legal aid.
Complete summary of the ruling can be found in the Portal.
4A_116/2025: Decision regarding provisional reopening in connection with a contractual clause
Summary of Facts
A couple married in 1989. In 2010, they changed their marital property regime to separation of property. A clause was included in a notarized contract, in which the husband promised his wife a gift depending on his inheritance. After their divorce in 2013, the divorce convention contained a "receipt for solde de tout compte," stating that there were no further mutual claims. They later remarried. After a subsequent divorce, the wife claimed the aforementioned gift and filed a payment order. The husband denied the gift, and its enforcement failed in the lower instances.
Complete summary of the ruling can be found in the Portal.
7B_603/2025: Decision regarding the order of pre-trial detention in an international drug case
Summary of Facts
The complainant, a Nigerian national with an Italian residence permit, was detained for involvement in international cocaine trafficking between Switzerland and Italy. Italy granted the extradition of the complainant to Switzerland after he had served a prison sentence there. The complainant had been in detention in Switzerland since May 14, 2025, and has been in pre-trial detention since May 16, 2025. He requested the Federal Court to lift his pre-trial detention and to establish the illegality of his previous extradition detention in Italy.
Complete summary of the ruling can be found in the Portal.
5A_606/2025: Ruling regarding suspensive effect in connection with the opening of bankruptcy
Summary of Facts
The complainant opposed the opening of bankruptcy by the Civil District Court of Basel-Landschaft East. She repeatedly requested the Cantonal Court of Basel-Landschaft to grant suspensive effect, which was denied each time. Against these three decisions of the Cantonal Court, she filed a complaint with the Federal Court on July 25, 2025.
Complete summary of the ruling can be found in the Portal.
7B_540/2025: Ruling on the complaint regarding a recusal procedure
Summary of Facts
The complainant A.________ requested the resumption of a criminal complaint and filed a recusal request against the prosecuting attorney Andrej Gnehm, which was rejected by the Cantonal Court of Zurich. She appealed to the Federal Court to establish the bias of the prosecutor and to recuse him from all matters concerning her cases.
Complete summary of the ruling can be found in the Portal.
7B_619/2023: Decision regarding a complaint against a discontinuation order (defamation and slander)
Summary of Facts
An architect and managing director of a company, A.________, filed a criminal complaint for defamation and slander against B.________, a municipal councilor. It concerned statements made by B.________ during a meeting of the municipal council, which allegedly harmed A.________'s professional reputation. The public prosecutor's office opened proceedings against B.________ but discontinued the investigations. The cantonal court instance confirmed this decision and dismissed A.________'s complaint. A.________ then filed a complaint with the Federal Court.
Complete summary of the ruling can be found in the Portal.
5A_594/2025: Non-admission of the complaint due to lack of justification and complaint of constitutional violation
Summary of Facts
The complainant filed a complaint against the debt collection process initiated by Bank B.________, requested the annulment of several acts, and claimed a suspensive effect. This was not granted by the Cantonal Court of Zurich. The Federal Court examined the submission for admissibility and recognized it as querulous and abusive as well as insufficiently justified.
Complete summary of the ruling can be found in the Portal.
6B_242/2025: Inadmissibility of the declaration of appeal
Summary of Facts
A regional court convicted A.________ of data damage and multiple unlawful appropriation to a fine of 180 daily rates and ordered him to pay CHF 47,543.70 to B.________ AG and to return a hard drive. A.________'s declaration of appeal against this ruling was not dealt with by the Cantonal Court of Graubünden due to late submission. A.________ then filed a complaint with the Federal Court.
Complete summary of the ruling can be found in the Portal.
6B_312/2025: Withdrawal of a complaint and deletion of the case from the register
Summary of Facts
A.________ had filed a complaint with the Federal Court against a ruling of the Cantonal Court of Jura, Criminal Court, dated February 18, 2025. In a letter dated June 11, 2025, she declared the withdrawal of this complaint. The Federal Court acknowledged the withdrawal and decided to strike the case from the register without imposing court costs.
Complete summary of the ruling can be found in the Portal.
6B_426/2025: Inadmissibility of a complaint in criminal law
Summary of Facts
The complainant filed a complaint with the Federal Court on May 12, 2025, against the ruling of the Criminal Appeals Chamber of the Cantonal Court of Vaud dated February 5, 2025. With this ruling, his request for revision of a penal order from August 11, 2021, was dismissed.
Complete summary of the ruling can be found in the Portal.
9C_719/2024: Ruling on the Taxe Professionnelle Communale of the municipality of Lancy
Summary of Facts
A.________ SA, a company that relocated its headquarters from Geneva to Lancy in February 2022, was obligated by the municipality of Lancy to pay a Taxe Professionnelle Communale (TPC) for the years 2022 and 2023. This tax is based on revenue from the years 2020 and 2021. After the company filed an objection against the tax assessments, these were confirmed by the municipality of Lancy and finally by the cantonal judicial authority. The company then filed a complaint with the Federal Court, requesting the annulment or reduction of the tax assessments.
Complete summary of the ruling can be found in the Portal.
5A_788/2024: Decision on the modification of measures for the protection of the marital community and maintenance contributions
Summary of Facts
The plaintiff A.________ requested measures from the court to protect the marital community, specifically a change regarding maintenance contributions for his child C.________. The lower court, a single judge of the Civil Chamber of the Cantonal Court of Vaud, rejected his requests for changes to the maintenance arrangements. The plaintiff challenged this decision in the Federal Court, as he wanted to achieve a reduction and modification of the maintenance contributions.
Complete summary of the ruling can be found in the Portal.