News

New Federal Court rulings from 07.08.2025

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 dispositive parts. For the other judgments, you will find a summary of the facts. 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_453/2025: Inadmissibility of the complaint regarding the refusal to appoint an official defender

Summary of the Facts

The 2nd Criminal Chamber of the Bern Cantonal Court rejected A.________'s request on April 15, 2025, to be granted an official defender in the appeal proceedings, as there was neither a case of necessary defense nor did the situation present particular difficulties or complexity. A.________ challenged this decision before the Federal Court and made several requests that went far beyond the original dispute.

Summary of the Considerations

- **E.1.1:** According to Art. 42 para. 1 and 2 BGG, complaints must be clearly substantiated and demonstrate the violation of legal norms. In particular, when there are multiple justifications for a lower court's decision, each must be refuted individually (practice according to relevant case law).
- **E.1.2:** The lower court found that the requirement for an official defender under Art. 130 and 132 para. 1 lit. b StPO was not met. The threatened sanction was limited to a fine, and the situation did not exhibit any special complexity. A.________ was able to defend himself in the first instance. The complaint does not sufficiently justify this; there is a lack of substantive engagement with the considerations of the lower court.
- **E.1.3:** Other arguments raised in the complaint, such as the bias of the president or deficiencies in the file inspection, are not related to the original dispute.
- **E.2:** Since the complaint was hopeless, the granting of free legal aid is also denied.

Summary of the Dispositive Part

The complaint was declared inadmissible, and the request for free legal aid was denied.


4A_584/2024: Decision on the applicability of procedures for cases with clear factual and legal situations

Summary of the Facts

A.________, a company based in Lausanne, intends to evict commercial premises in Geneva claimed by B.________, C.________ SA, and D.________. There is a dispute over whether a valid lease agreement exists between the parties and whether it was properly terminated. The lower courts rejected A.________'s eviction action in the procedure for cases with clear legal situations.

Summary of the Considerations

The Federal Court examines whether the complaint was admissible and properly submitted. It confirms that the requirements for complaints in civil matters are met. The requirements for the application of the procedure in cases with clear legal situations according to Art. 257 CPC are not met. The lower court correctly determined that the question of the existence and termination of the lease agreement is disputed and is the subject of a separate main proceeding. Thus, there is no clear legal situation. The appellant's argument that a parallel main claim does not exclude the application of the procedure in clear cases is rejected due to lack of legal basis. The legal situation is assessed as unclear since ownership and contractual relationships are not yet established.

Summary of the Dispositive Part

The complaint is dismissed, and the court costs as well as compensation are borne by the complainant.


4A_599/2024: Complaint against provisional legal opening in debt enforcement based on mortgage liquidation

Summary of the Facts

Bank B.________ granted A.________ AG a mortgage loan secured by registered bonds. Due to the failure to make a timely amortization payment by the end of September 2022, the bank extraordinarily terminated the financing contract in accordance with Art. 9 of the contract. The complainant disputed the admissibility of the termination and opposed the resulting enforcement action based on mortgage liquidation and the provisional legal opening.

Summary of the Considerations

1. (E.1) The Federal Court examines the complaint in civil matters regarding admissibility and notes that the legal requirements are fulfilled and the complaint is basically open. 2. (E.2-E.3) The Federal Court recalls its review competence and the assessment requirements for the determination of facts and applies the law ex officio. 3. (E.4) The requirements for provisional legal opening according to Art. 82 SchKG are examined. The debtor has raised credible objections against the acknowledgment of the debt. 4. (E.5) Crucial for the termination according to Art. 9 of the financing contract is that the debtor was still in default at the time of termination. The lower court inadequately considered the wording of the clause. Since the amortization payment had already been settled, there was no longer any default at the time of termination. Therefore, the termination was not justified. 5. (E.5.5) Furthermore, the debtor's trust in the continuation of the contract would have been worthy of protection due to the bank's prior actions, so that a termination would be classified as untimely and in bad faith. 6. (E.6) The requirement of maturity for the realization of the bond receivable was not met. The request for provisional legal opening was therefore to be dismissed.

Summary of the Dispositive Part

The complaint was upheld and the request for provisional legal opening was dismissed.


6B_1134/2023: Decision on the expulsion of a convicted foreigner

Summary of the Facts

A.________ was convicted by the Regional Court of Berner Jura-Seeland for sexual coercion and sexual harassment. He was sentenced to a conditionally enforceable prison sentence of nine months with a probationary period of two years and a fine of CHF 900.-- as well as being expelled from Switzerland for five years. The Bern Cantonal Court confirmed the judgment. A.________ filed a complaint with the Federal Court, requesting to refrain from expulsion.


9C_399/2025: Decision of inadmissibility concerning property gain tax of the Canton of Bern

Summary of the Facts

The tax administration of the Canton of Bern imposed property gain taxes on the cooperative A.________ for the tax period 2020. Their objections against the corresponding assessment notices were not dealt with due to lateness. Subsequently, the Administrative Court of the Canton of Bern did not enter into the complaint for lack of substantive reasoning. The cooperative A.________ then filed a complaint with the Federal Court, requesting the assessment notices to be annulled or set at CHF 0.-.


8C_580/2024: Decision on benefits from accident insurance and their causality

Summary of the Facts

The complainant suffered two workplace accidents (February 4, 2021, and June 17, 2021) during his work as a welder, as well as earlier hearing problems that he registered as an occupational disease. He applied for various benefits from the accident insurance, including daily allowances, medical treatment costs, and an integrity compensation. The Swiss National Accident Insurance Institution (SUVA) rejected these benefits on the grounds that there was no natural or adequate causal connection between the accidents and the claimed complaints. The lower court confirmed this decision.


7B_345/2025: Non-admittance of a request for disqualification: Complaint to the Federal Court

Summary of the Facts

A.A.________ and B.A.________ filed a request for disqualification against judge Jürg Bähler in the context of a criminal proceeding, which was rejected by the 2nd Criminal Chamber of the Bern Cantonal Court by decision on March 18, 2025. They subsequently filed a complaint in criminal matters with the Federal Court, requesting the annulment of the decision.


8C_378/2025: Judgment on supplementary benefits (process prerequisite)

Summary of the Facts

The complainant requested the disbursement of supplementary benefits for the years 2021 to 2024 without demonstrating how the lower court's non-admittance could violate federal law. Additionally, a procedural defect (missing attachments) was not remedied within the set deadline. The late submission led to the non-admittance of the complaint.


7B_759/2023: Admissibility of police statements and evidence assessment in criminal proceedings against A.________

Summary of the Facts

A.________ was linked to an indoor hemp facility and other premises where hemp was grown and stored. She confessed to regularly being there and assisting her husband in the operation. She was convicted of qualified violation of the narcotics law and money laundering and repeatedly challenged the judgments.


6B_1102/2023: Federal Court judgment regarding simple violation of traffic rules

Summary of the Facts

The appellant A.________ was convicted by the Public Prosecutor's Office of Kreuzlingen by penal order for simple violation of traffic rules (unsecured and improperly attached load on a scooter) and fined CHF 200. After appeal and further appeal, the Thurgau Cantonal Court confirmed the conviction. The appellant requested acquittal or reduction of the fine as well as free legal aid before the Federal Court.


4A_290/2024: Judgment regarding provisional legal opening

Summary of the Facts

The complainant (Fonds d'investissement rural, FIR) secured loans through property liens. After the loans were terminated, she initiated several enforcement proceedings against two debtors. The debtors opposed the payment orders issued. Provisional legal opening was granted by the Juge de paix but was revoked by the cantonal authority in Lausanne.


4F_10/2025: Judgment regarding a revision

Summary of the Facts

A.________, the applicant, requested the revision of a Federal Court judgment from March 20, 2025, in cases 4A_644/2024 and 4A_646/2024, after being accused of not timely paying the required advances. He wants to establish the invalidity of the previous judgment as well as claim damages for allegedly suffered injuries. His argument particularly focused on the allegedly missing process mandates of the opposing party's lawyer and claimed serious procedural errors. The Federal Court ruled that the presented reasons do not constitute a valid ground for revision according to Art. 121–123 BGG and declared the submission inadmissible.


6B_434/2025: Inadmissibility of a complaint in criminal matters due to insufficient reasoning

Summary of the Facts

A.________ was convicted in March 2024 by the Geneva Cantonal Police Court for violating Art. 115 para. 1 lit. a, b, and c of the Federal Act on Foreigners and Integration (LEI, SR 142.20) to a prison sentence of 60 days. His appeal against this decision was declared inadmissible on August 22, 2024, and a subsequent request for revision against the same decision by the Geneva Appeals Chamber was declared inadmissible on May 8, 2025. A.________ filed a complaint in criminal matters against the latter decision with the Federal Court.


7B_694/2025: Judgment regarding the extension of pre-trial detention

Summary of the Facts

The complainant, A.________, challenged the decision of the Zurich Cantonal Court, which confirmed the extension of his pre-trial detention. He submitted undated filings that did not engage substantively with the considerations of the lower court but contained general criticism of his detention conditions and broad socio-political issues that were not the subject of the proceedings.


7B_460/2025: Inadmissibility of the complaint against the dismissal of a criminal proceeding for defamation

Summary of the Facts

A.________ filed a criminal complaint against B.________ in connection with a newspaper article about the municipal elections for defamation and slander. The Public Prosecutor's Office of the Canton of Lucerne dismissed the proceedings. The Lucerne Cantonal Court rejected the complaint against this decision.


6B_1175/2023: Judgment in case 6B_1175/2023 regarding attempted serious bodily injury and sentencing

Summary of the Facts

A.________ is accused of having struck his neighbor B.B.________ and his wife C.B.________ on the head with the handle of a pistol on June 2, 2018. B.B.________ suffered an open skull-brain trauma, and C.B.________ sustained a skin incision on the back of the head. The Regional Court of Bern-Mittelland classified the act as simple bodily injury with a dangerous object and imposed a conditional fine. The Bern Cantonal Court classified the act on April 27, 2023, as attempted serious bodily injury and sentenced him to a partially conditional prison sentence of 30 months.


7B_45/2022: Application of the Nemo-Tenetur principle in cooperation with FINMA

Summary of the Facts

A.________ was initially convicted by the Federal Criminal Court for acting as a financial intermediary without a license. FINMA had previously requested forms, the content of which led to subsequent criminal prosecution. A.________ argued before the Federal Court that the information provided by the forms was not admissible as evidence since he was not informed of his right not to incriminate himself.


9C_246/2024: Decision on property transfer tax in the Canton of Lucerne

Summary of the Facts

The A.________ GmbH, owner of a property in Lucerne, entered into a service contract with B.________ AG in 2022 for the use of 24 parking spaces, whereby the servitude over 30 other spaces was dissolved. The Lucerne tax office imposed a property transfer tax of CHF 13,362.50, which was confirmed after objection and subsequent cantonal court judgment. A.________ GmbH filed a complaint against the taxation with the Federal Court.


4D_134/2025: Judgment on a complaint related to a rental agreement

Summary of the Facts

The complainant filed an application with the Bern Cantonal Court against a decision of the District Court of Baden. The Cantonal Court interpreted the application as a request for reasoning of the decision's dispositive part and referred it to the District Court for jurisdictional reasons. The complainant then filed a complaint with the Federal Court, contesting the procedure of the Cantonal Court.


4A_328/2024: Decision on provisional legal opening concerning a bond

Summary of the Facts

The Federal Court deals with a complaint regarding provisional legal opening for several debt enforcements. The complainants oppose the legal opening ordered by the lower court and the first instance in favor of the creditor (OVCA). The complainants are accused of inadequately substantiating their objections and failing to provide sufficient evidence for their legal objections.


7B_486/2025: Inadmissibility of a complaint due to formal and motivational deficiencies in criminal law

Summary of the Facts

The complainant A.________ filed a complaint regarding an alleged grounds for denial of justice and delayed judicial proceedings in the criminal case P/15660/2021 with the Federal Court. She requested a declaration of the denial of justice by the lower court, a deadline for decision-making, and the annulment of the "decision on the dismissal". The Federal Court informed the complainant about the legal requirements for the submission (Art. 42 para. 2 and Art. 106 para. 2 BGG) and set a deadline until May 30, 2025, for improving the complaint. However, the complainant insisted on her original submission without providing the necessary evidence or detailed justifications.


4F_19/2025: Judgment on the revision of an earlier Federal Court ruling

Summary of the Facts

The appellant A.________ requested the revision of a Federal Court judgment from May 28, 2025, which declared a previous complaint of the appellant inadmissible due to the untimely payment of the required cost advances. The appellant cited health reasons for the non-payment, particularly a serious operation, and a resulting cognitive impairment.


4A_206/2024: Judgment regarding provisional legal opening

Summary of the Facts

The complainants, A.________ and B.________ SA, had received two loans from the respondent, C.________ SA, for which a debt bond mortgage secured by various properties served as collateral. After the loan periods expired, the respondent initiated enforcement proceedings against the debtors and requested provisional legal opening. The cantonal authorities granted the request.


5A_597/2025: Inadmissibility of a late complaint against a seizure calculation

Summary of the Facts

The complainant approached the Federal Court after the lower supervisory authorities (Civil Court of Basel-Stadt and Appeals Court of Basel-Stadt) did not admit his complaints regarding a seizure. The seizure calculation was delivered to him in June 2024, and the first complaint was filed in February 2025 after the deadline had expired. The lower courts also denied any unlawfulness of the seizure calculation, particularly regarding the consideration of unseizable income.


7F_76/2024: Inadmissibility of the revision request in criminal law

Summary of the Facts

The applicant A.________ requested the revision of the Federal Court decision (7B_1057/2024) from November 29, 2024, in which a complaint against a decision of the Criminal Chamber of the Cour de justice of the Canton of Geneva was declared inadmissible. In this revision procedure, the applicant complained that the Federal Court did not examine his civil law claims regarding alleged violations according to Art. 127 StGB (endangerment of life and health) and Art. 128 StGB (failure to provide assistance).


7B_629/2025: Decision on the ordering of pre-trial detention due to imminent violence against authorities

Summary of the Facts

A.________ is suspected of having committed threats and violence against authorities and officials (Art. 285 StGB). The accusations relate to repeated telephone threats against official bodies in connection with family law proceedings. He was subsequently taken into pre-trial detention. The cantonal authority rejected a complaint against the detention order, and A.________ filed a complaint with the Federal Court with the aim of his release.


5A_586/2025: Judgment on seizure announcement and police presentation

Summary of the Facts

The complainant opposed the police presentation and the execution of the seizure in the premises of the enforcement office, which was initiated by her health insurance. The Bern Cantonal Court rejected her complaint. She then filed a complaint with the Federal Court requesting a declaration of unlawfulness, adjustments to the execution of the seizure considering her health situation, and a suspensive effect.


8C_752/2024: Judgment on the consideration of interest on debts in additional benefits for AHV/IV

Summary of the Facts

A.________, an old-age pensioner of the AHV, receives additional benefits and is facing a recalculation of her entitlement to additional benefits by the social insurance institution of the Canton of Zurich. This institution refused to consider the interest on a loan for the payment to co-heirs as equivalent to mortgage interest in the sense of Art. 10 para. 3 lit. b ELG. The objection decisions were confirmed by the Social Insurance Court of the Canton of Zurich, leading to a complaint to the Federal Court.


7B_392/2025: Dismissal of a complaint due to late payment of process securities

Summary of the Facts

The complainant filed a criminal complaint against a third party for various offenses. The competent public prosecutor issued a non-admittance order on January 6, 2025. The cantonal criminal chamber declared the complainant's appeal against this order inadmissible on March 22, 2025, as the payment of the process securities (CHF 770) was made late. The complainant filed a criminal complaint with the Federal Court aiming to refer the matter back to the cantonal court for assessment. Additionally, she requested the granting of free legal aid.


8C_393/2025: Inadmissibility of the complaint in unemployment insurance

Summary of the Facts

The complainant A.________ filed an undated submission, which was treated by the Office for Unemployment Insurance of the Canton of Bern as a complaint against a judgment of the Administrative Court of the Canton of Bern from June 2, 2025. The complaint was directed against the dismissal of a procedure. The submission reviewed by the Federal Court did not meet the minimum requirements for application and reasoning according to Art. 42 para. 1 and 2 BGG. In particular, the complainant did not specify how the lower court proceedings violated federal law.


7B_371/2025: Judgment regarding non-admittance of a complaint in criminal matters

Summary of the Facts

The complainant filed a complaint against the decision of the Cantonal Court of Lucerne, which did not enter into his complaint against the discontinuation of a criminal proceeding by the Public Prosecutor's Office of Lucerne. The Federal Court considers the complaint as insufficiently substantiated and does not enter into it.


7B_7/2025: Inadmissibility of a complaint against a decision on criminal proceedings

Summary of the Facts

The Public Prosecutor's Office of the Canton of Geneva decided to close a criminal proceeding against an individual (A.________) for forgery of documents and severe money laundering allegations with a discontinuation order. The lower court, the Criminal Chamber of the Canton of Geneva, partially overturned the discontinuation order and referred the case back for further investigation. The complainant filed a complaint with the Federal Court against this decision, arguing that the discontinuation order should be confirmed or alternatively, a new decision should be made by the lower court.


8C_299/2025: Decision of the Federal Court regarding procedural prerequisites in accident insurance

Summary of the Facts

The complainant filed a complaint against a judgment of the Social Insurance Court of the Canton of Zurich from April 14, 2025. It concerns a dispute in the area of accident insurance. The complainant did not pay the required cost advance either in due time or within the granted extension.


6B_1116/2023: Judgment on promoting prostitution and simple bodily injury

Summary of the Facts

The complainant A.________ was convicted by the Thal-Gäu District Court for promoting prostitution and simple bodily injury and sentenced to 42 months of imprisonment. Additionally, seized cash was confiscated, and A.________ was ordered to pay damages and compensation to B.________. In the appeal, the Solothurn Cantonal Court largely confirmed the first-instance judgment but set the compensation at CHF 15,000.--. A.________ is filing a complaint with the Federal Court, seeking full acquittal and requesting the annulment of the damages and compensation payments as well as the obligation to bear costs and compensation.


7B_365/2025: Inadmissibility of official defense

Summary of the Facts

The proceedings concern the rejection of official defense for A.________ by the lower court. The complaint is directed against the judgment of the Chambre pénale de recours of the Cour de justice of the Republic and the Canton of Geneva from March 28, 2025, which confirmed the previous ruling of the Tribunal de police de Genève from October 10, 2024.


9C_103/2025: Judgment on disability insurance and occupational pension

Summary of the Facts

The insured B.________ registered with the disability insurance (IV) for benefits after his position as head of finance and accounting was terminated due to health issues. The IV office of the Canton of Zurich granted him a quarter pension from December 2020. The Social Insurance Court of the Canton of Zurich changed this and granted a three-quarter pension. Both the IV office and the pension fund filed complaints with the Federal Court against this judgment.


4A_8/2025: Complaint against an internal arbitration award – Question of admissibility and motivation requirement

Summary of the Facts

In an internal arbitration procedure, a dispute was negotiated between A.________, the former president and co-owner of the company C.________ Sàrl, and the buyer B.________ SA regarding payments amounting to CHF 270,000. The arbitration award ordered A.________ to pay CHF 255,328 as well as arbitration costs of CHF 31,650. A.________ then filed a complaint with the Federal Court to annul the decision but did not provide sufficiently reasoned legal remedies.


7B_597/2025: Inadmissibility of a complaint in criminal matters due to insufficient reasoning

Summary of the Facts

The complainant A.________ challenged an order of the coercive measures court of the Canton of Vaud from April 11, 2025, which placed her in pre-trial detention for two months until no later than June 7, 2025. Her cantonal complaint against this decision was rejected on May 20, 2025, by the Criminal Appeal Chamber of the Cantonal Court of Vaud on the grounds that the complaint had been submitted late.


4A_285/2024: Judgment regarding employment contract

Summary of the Facts

The case concerns the labor law claims of employee A.________ against his former employer B.________, a lawyer and partner in a law firm. Points of contention include the compensation for allegedly not taken vacation days, the claim for compensation according to Art. 6 of the employment contract for personal mandates, and the allegation of a violation of personality rights due to the alleged connection of the law firm to the "Panama Papers" scandal. The dispute was first decided before the Tribunal des prud’hommes of the Canton of Geneva and continued before the Chambre des prud’hommes of the Cour de justice of the Canton of Geneva, before A.________ filed a complaint with the Federal Court.


9C_396/2025: Non-admittance of a complaint regarding state and municipal taxes

Summary of the Facts

The complainants A.A.________ and B.A.________ filed a complaint against the decision of the Appenzell Ausserrhoden Cantonal Court, which did not enter into their cantonal complaint regarding state, municipal, and church taxes for the tax period 2020. The reason for this was the untimely payment of a cost advance. The Federal Court examined the complaint in public law matters.


9C_226/2025: Classification of an activity in affiliate marketing as self-employed activity within the framework of AHV contribution obligation

Summary of the Facts

The complainant, formerly the owner of a sole proprietorship, applied to the compensation office of the Canton of Zurich to be classified as self-employed from April 1, 2022. The compensation office classified her activity in affiliate marketing for a US company as dependent self-employment. The lower court confirmed this classification.


4A_567/2024: Judgment on the question of information obligations when combining rollover mortgages and interest swap transactions

Summary of the Facts

The complainants (A.A. and B.A.) entered into several financing contracts with the Bank B.________ AG that included a combination of rollover mortgages and interest swap transactions. The contracts led to an asymmetric burden on the complainants over the years with negative LIBOR/Saron rates, incurring both fixed swap rates and an interest margin. After the complainants unsuccessfully asserted their damage claim of CHF 113,824.59 and an alternatively requested interest refund before the District and Cantonal Courts, they filed a complaint with the Federal Court.


5A_425/2025: Decision on international child return under the Hague Convention

Summary of the Facts

The parents initially lived together with their child in the USA. The mother undertook international travels and moved to Switzerland with the child in March 2024, where they have remained since. The father filed a lawsuit in New Mexico in 2024 to establish parental custody. The Cantonal Court rejected the father's request for return due to lack of custody status.


6B_283/2025: Refusal to restore deadlines for late opposition against a penal order

Summary of the Facts

The Federal Court examined the complaint from A.________, which was directed against the refusal to restore deadlines for opposition against a penal order. This penal order was delivered to her according to service fiction but not picked up by her. A.________ argued that she had been prevented from timely lodging the opposition due to pregnancy and a stay abroad.


4A_289/2025: Judgment on the inadmissibility of a legal remedy in inheritance and corporate law

Summary of the Facts

The complainant A.________, an heir of her deceased husband E.________, was involved in a dispute with the other heirs (B.________, C.________, and D.________) regarding the management and liquidation of F.________ SA. Various financial obligations, including advances for court and commissioner costs, as well as requests for free legal aid, were the subject of several cantonal decisions. The Federal Court deals with the complaint against two decisions of the Cour de justice of the Canton of Geneva from April 28, 2025, and May 19, 2025.