Latest Rulings of the Federal Court
Here you will find the latest rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and disposals. For the further rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.
2C_472/2024: Decision on Free Legal Aid in Connection with an EU/EFTA Short Stay Permit
Summary of the Facts
A.________, an Italian national, applied for an extension of his EU/EFTA short stay permit, which was denied. He then applied for free legal aid and an ordinary residence permit before the Administrative Court of the Canton of Thurgau. The Administrative Court rejected the application for free legal aid, as it saw no need, and requested an advance on costs. A.________ appealed this decision to the Federal Court.
Summary of the Considerations
E.1. The Federal Court examines whether the requirements for the appeal are met and concludes that an irreparable disadvantage exists, thus the appeal is admissible. (E.1.1–E.1.3) E.2. The legal examination is based on federal and international law. In cases of fundamental rights violations, there is an increased burden of substantiation. (E.2.1–E.2.2) E.3. The appellant criticizes the incomplete determination of the facts by the lower court without substantiating this in detail. This objection is dismissed. (E.3) E.4. The lower court denied the need of the appellant but incorrectly calculated expenses and available income. The Federal Court increased the expenses by items such as the deductible for health insurance and the procedural need surcharge, concluding that the appellant is in need. The rejection of free legal aid by the lower court violates Art. 29 para. 3 BV. (E.4.1–E.4.3.3) E.5. The case is referred back to examine the hopelessness of the legal requests. A review of the chances of success by the lower court is still pending. (E.5.1–E.5.2)
Summary of the Disposal
The appeal was upheld, and the contested decision was overturned. No court costs were imposed.
2C_70/2025: Decision on Animal Keeping and Trade Ban for Livestock
Summary of the Facts
The appellant has continuously and seriously violated animal protection regulations since 2018. Despite inspections, warnings, a restricted measure, and threats of punishment, violations such as inhumane housing conditions and lack of care were not sufficiently rectified.
Summary of the Considerations
**E.1** Admissibility of the Legal Remedy: The appeal meets all formal and substantive requirements according to the Federal Court Act (Art. 82 ff. LTF). **E.3** Scope of Review: The Federal Court examines the legal and factual basis of the ban, which is based on Art. 23 para. 1 lit. a and b of the Animal Protection Act. **E.4** Finding of Facts: The lower court correctly and in detail established the serious and ongoing deficiencies; the respective objections of the appellant are appellatory and unfounded. **E.5** Freedom of Business: The measure affects the professional freedom of the appellant, but is necessary and proportionate given his ongoing violations, lack of willingness to reform, and the serious harm to animal welfare. **E.6** Duration of the Measure: The ten-year ban was considered proportionate, as milder measures did not lead to lasting improvement.
Summary of the Disposal
The appeal was dismissed, and the costs of the proceedings were imposed on the appellant.
2C_546/2024: Revocation of Residence Permit and Downgrading to Residence Permit
Summary of the Facts
A.________, a Kosovo national, received a residence permit in Switzerland in 1999. From 2006 to 2024, he was criminally convicted 24 times in total. Since 2019, he committed further offenses, including debt and traffic violations. His debt level is significant. The Office for Migration and Integration of the Canton of Aargau revoked his residence permit on January 21, 2022, and issued him a residence permit. This decision was confirmed by the Administrative Court of the Canton of Aargau.
Summary of the Considerations
- **E.1**: The appeal is admissible as the legal requirements are met. - **E.3**: There is a current and sufficient integration deficit according to Art. 63 para. 2 in conjunction with Art. 58a AIG due to repeated criminality and lack of economic integration. The appellant's criminality since 2019 is relevant under migration law, although the individual offenses are mostly minor, as their number documents an unteachable attitude. His debt management is also blameworthy and reckless, as new debts have arisen from negligence. - **E.5**: The downgrading is suitable, necessary, and proportionate, especially in light of the lack of success of previous measures such as the warning. The private interests of the appellant do not outweigh the public interests.
Summary of the Disposal
The appeal was dismissed, and the appellant was ordered to pay the court costs.
8C_511/2024: Judgment on Granting an Invalidity Pension
Summary of the Facts
The respondent A.________, born in 1991, has suffered from thrombotic thrombocytopenic purpura since 2006. Her application for an invalidity pension was initially rejected by the IV Office Basel-Stadt, even after further applications. After a new application and additional medical assessments, the IV Office rejected the application again (degree of invalidity: 23%). However, the Social Insurance Court Basel-Stadt granted the insured a pension based on a degree of invalidity of 45% (37.5% of a full pension) from October 2022.
Complete summary of the judgment can be found in the Portal.
1C_403/2025: Judgment on International Legal Assistance in Criminal Matters to Liechtenstein
Summary of the Facts
Liechtenstein authorities are conducting a criminal proceeding for money laundering against three Kazakh nationals and requested internationally the release of bank documents from a complainant at Bank D. AG (period since 2005). The Zurich Public Prosecutor's Office initially complied with this request with a final order. The complainant filed a lawsuit against this release, but was unsuccessful at the Federal Criminal Court.
Complete summary of the judgment can be found in the Portal.
6B_862/2024: Decision on a Building Code Violation and Statute of Limitations Issues
Summary of the Facts
The architect A.________ had drawn plans in 2012 for the conversion of a barn into a residential house. The construction project was completed on August 30, 2019. The municipality of Val de Bagnes later identified deviations from the approved building plans and imposed a fine of 15,550 Swiss francs on A.________. The Cantonal Court of the Canton of Valais reduced the fine on appeal to 10,000 Swiss francs. The appellant brought the matter before the Federal Court and argued that certain elements were time-barred.
Complete summary of the judgment can be found in the Portal.
2C_166/2025: Judgment on the Revocation of an EU/EFTA Residence Permit
Summary of the Facts
A Chilean national, A.A.________, moved to Switzerland in 2021 to join her Bulgarian husband and received an EU/EFTA residence permit. After the separation of the spouses, the Migration Office of the Canton of Zurich revoked the permit and ordered her expulsion. The complainant and her daughter, who also lived in Switzerland, filed cantonal legal remedies, which were unsuccessful. They subsequently appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_459/2024: Decision on Market Access Restrictions for a Home Care Organization in the Canton of Vaud
Summary of the Facts
A.________ AG, which holds a permit to operate a home care organization in Zurich, applied for a similar permit in the Canton of Vaud. After rejection by the Department of Health and Social Affairs of the Canton of Vaud and the subsequent decision of the cantonal administrative court in favor of A.________ AG, the Department appealed to the Federal Court. The point of contention was the application of federal legislation on free market access (Federal Act on the Internal Market, LMI) and the question of whether the legal provisions of the Cantons of Vaud and Zurich are equivalent.
Complete summary of the judgment can be found in the Portal.
2C_38/2025: Order for a Forensic Report in Connection with an Application for a Firearm Acquisition Permit and Exception Permit
Summary of the Facts
The appellant A.________ applied to the Nidwalden cantonal police for a firearm acquisition permit and an exception permit for weapons, including a semi-automatic pistol with a silencer. Due to incidents in 2018, including death threats and the discovery of a loaded weapon, the cantonal police ordered a new forensic-psychiatric assessment. An older assessment from 2018 was deemed not sufficiently current and not comparable in its objectives. The cantonal authorities confirmed this order.
Complete summary of the judgment can be found in the Portal.
7B_494/2025: Judgment on the Appeal Concerning Non-Consideration and Restoration of Deadline
Summary of the Facts
The appellant filed an appeal in criminal matters to the Federal Court after the Cantonal Court of Lucerne did not consider his appeal concerning the restoration of the deadline for securing a bail. This case was related to a non-consideration order from the Public Prosecutor's Office Division 2 Emmen, which had also not been considered due to the lack of bail.
Complete summary of the judgment can be found in the Portal.
9C_340/2025: Judgment on Personal AHV Contributions of a Non-Employed Person
Summary of the Facts
The appellant contests the determination of personal AHV contributions for the year 2020 by the Social Insurance Court of the Canton of Zurich. The lower court established a contributory asset of CHF 1,446,034 and an income of CHF 0. The appellant argues that the payment of CHF 9,053.20 made in 2022 should be taken into account in the determination of the contributions.
Complete summary of the judgment can be found in the Portal.
2C_100/2025: Decision on Non-Renewal of an EU/EFTA Residence Permit after Dissolution of a Marriage
Summary of the Facts
The Gambian national A.________ received a similar permit after marrying a German national who holds an EU/EFTA residence permit. Due to various interruptions of residence and the dissolution of the marital community, the Office for Justice Nidwalden refused the change of canton and the renewal of the residence permit, which was confirmed by the cantonal authorities. A.________ appealed this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_337/2025: Inadmissibility of an Appeal in the Area of AHV
Summary of the Facts
A.________, born in 1958, received an ordinary old-age pension of CHF 191 and four child allowances of CHF 57 each per month from the Swiss Compensation Office starting March 1, 2023. After an objection, the original pension calculation was confirmed by a decision of October 16, 2024. A.________ appealed this decision to the Federal Administrative Court, which was rejected on May 26, 2025. Subsequently, A.________ filed an appeal with the Federal Court on June 10, 2025.
Complete summary of the judgment can be found in the Portal.
7B_493/2025: Inadmissibility of the Appeal in Criminal Matters
Summary of the Facts
The judgment addresses the appeal of an appellant against the discontinuance order of the Regional Public Prosecutor's Office Bern-Mittelland, which was confirmed by the Cantonal Court of Bern. The appeal to the Federal Court does not meet the legal requirements for justification and is therefore not processed in the simplified procedure. The application for free legal aid is also dismissed.
Complete summary of the judgment can be found in the Portal.
2C_460/2024: Judgment Concerning the Admission of a Home Care Organization
Summary of the Facts
A.________ AG, based in the Canton of Zug, applied for admission to operate a home care organization in the Canton of Vaud after already obtaining such admission in Zug and other cantons. The Canton of Vaud refused this admission, among other reasons, claiming that the safety regulations for the services of related caregivers were not met. However, the Administrative Court of the Canton of Vaud granted admission considering the equivalence of the regulations under the location regulation according to federal legislation on the internal market (LMI). The Canton of Vaud then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_1/2025: Judgment on Old Age and Survivors Insurance Regarding Hearing Aid Provision in Hardship Cases
Summary of the Facts
The appellant, A.________, has repeatedly been provided with binaural hearing aids by the Invalidity Insurance and last received hardship benefits beyond the flat rate. Upon reaching retirement age, she applied to the AHV for binaural hearing aid provision as a hardship case. The compensation office of the Canton of Bern granted her the flat rate of CHF 1,650, but rejected the coverage of additional costs under the hardship regulation. The objection and appeal against the decision were rejected by the lower court, the Administrative Court of the Canton of Bern.
Complete summary of the judgment can be found in the Portal.
2C_228/2025: Judgment on the Extension of a Residence Permit
Summary of the Facts
The Turkish national A.________ entered Switzerland in 2021, married a Swiss citizen, and received a residence permit. After the separation in 2022, the Migration Office Zurich refused to extend the permit, claiming that the marriage lasted less than three years. A.________ argued before the Federal Court that she had been a victim of domestic violence and was facing a highly endangered social reintegration in Turkey. The Federal Court examined whether, based on Art. 50 para. 1 lit. b in conjunction with para. 2 AIG, there is a claim for the extension of the permit.
Complete summary of the judgment can be found in the Portal.
8C_388/2025: Insurance in Case of Unemployment (Inadmissibility of the Appeal)
Summary of the Facts
The appellant requested that the cantonal unemployment insurance cover the costs for training as a health aide. The cantonal authority rejected this, stating that the requirements for such coverage were not met. The cantonal court also dismissed the appeal against this decision, prompting the appellant to approach the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_361/2024: Bank Responsibility and Dispute over Damage Claims
Summary of the Facts
The core of the legal dispute involves claims from several private individuals and companies against two banks, arising from an allegedly inadequate implementation of loan and investment contracts. The plaintiffs sought damages for guaranteed returns, underutilized credit limits, and allegedly unlawfully charged fees. The defendant bank relied on its General Terms and Conditions (GTC), while the plaintiffs pointed to a breach of contract and damage.
Complete summary of the judgment can be found in the Portal.