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 dispositions. For the other judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the portal of Lexplorer. There, you can configure your newsletter and receive the latest judgments tailored to your areas of law.
7B_475/2025: Decision of the Federal Court regarding the Disjunction of Proceedings
Summary of the Facts
A.________ is accused of having committed several offenses as a member of two boards of directors of different companies, including violations of accounting obligations and failure to maintain sufficient capital. Furthermore, he is alleged to have shown violent behavior towards a person and threatened them. After the escape of two alleged co-defendants, the prosecution separated the proceedings against A.________ from those against the co-defendants, which was confirmed by the cantonal complaints chamber.
Summary of the Considerations
E.1: The proceedings of the Federal Court are usually conducted in the language of the contested decision. In this case, the cantonal decision was written in French, which is why the judgment is also issued in this language. E.2: Decisions regarding the consolidation or separation of proceedings are generally to be regarded as interim decisions, unless they cause irreparable disadvantage. If there is a risk of such disadvantage, this may be sufficient for the admissibility of the complaint, whereby a closer examination occurs in the main proceedings. E.3: A.________ argues that the separation of the proceedings between him and the co-defendants unduly restricts his right to defense, particularly regarding the gathering of evidence. E.3.2: The lower court records essential points to justify the procedural disjunction, including the long absence of the co-defendants and the limited prospects of their timely apprehension. E.3.4: The Federal Court assesses the defense restrictions expressed by A.________ as inadequately substantiated. The existing circumstances, including the escape of the co-defendants, justify the separation to advance the ongoing proceedings and avoid delays. E.4: The Federal Court concludes that the cantonal complaints chamber did not violate any regulations by confirming the procedural disjunction.
Summary of the Disposition
The complaint was dismissed and the court costs were set at CHF 3,000.
2C_397/2024: Decision regarding the Reissuance of the Residence Permit
Summary of the Facts
The Kosovo national A.________, residing in Switzerland since childhood, lost his residence permit in 2015 due to criminal activity. After the expiration of a six-year entry ban, he applied in 2023 for the reissuance of a residence permit, which was denied by the competent authorities. The lower court dismissed the complaint against this rejection.
Summary of the Considerations
The Federal Court examines the jurisdiction and prerequisites for admissibility. It finds that the complaint in public law matters is admissible if a potential claim for a permit exists. Such a claim does not exist, as the residence permit was revoked in a legally binding manner. A claim for a residence permit under Art. 8 ECHR (right to respect for private life) is denied, as A.________, despite his long stay in Switzerland, is not considered particularly well integrated and the revocation procedure has been conclusively completed. The complaint by the complainant based on Art. 12 para. 4 of the UN Covenant II (right to enter one's "own country") is rejected. It is stated that A.________ cannot derive a claim from this provision due to his cultural and linguistic ties to Kosovo and his current living situation there. The complaint in public law matters is dismissed as unfounded, and the subsidiary constitutional complaint is not admitted.
Summary of the Disposition
The complaint is dismissed; the costs are imposed on the complainant.
1C_703/2024: Freedom of Voting in Municipal Referendum
Summary of the Facts
The KEZO association planned a replacement construction for its waste-to-energy facility and approved a planning credit of CHF 24.5 million for this purpose. The ballot on the proposal took place on November 24, 2024, and was accepted with 87.47% approval. Markus Weidmann, eligible to vote in an association municipality, raised an objection regarding the violation of political rights and complained about the voting process, particularly regarding the explanatory report, before the district council of Hinwil and the administrative court of the canton of Zurich. Both lower courts dismissed his legal remedies. He appealed to the Federal Court, which addresses the allegations in the present judgment.
Summary of the Considerations
- **E.1**: The Federal Court examined the admissibility of the complaint and stated that the legal remedy is to be accepted. The complainant is legitimate, and a current practical interest is given. - **E.2**: The Federal Court applies partially free cognition when examining cantonal regulations, while in others only arbitrary control. - **E.3**: The lower court violated the complainant's right to be heard by not considering his timely submitted reply. However, this violation of the right to be heard is remedied by the Federal Court, as the arguments presented have no impact on the outcome of the proceedings. - **E.4**: The subject of the vote was solely the planning credit. The explanatory report meets the requirements for objectivity, transparency, and proportionality; no violation of Art. 34 para. 2 BV is present. - **E.5**: The complaint is dismissed, but no court costs are imposed.
Summary of the Disposition
The complaint was dismissed, no court costs are incurred, and no party compensation is awarded.
9C_577/2024: Dispute over Claims to Capital from the Free Movement Foundation Account
Summary of the Facts
A.________ filed a lawsuit for a part of the capital of a free movement account, which was to be transferred to B.________ after the death of her ex-husband C.________. The divorce decree had established a maintenance obligation. The Cantonal Social Insurance Court of the Canton of Fribourg granted B.________ the entire capital.
You can find the complete summary of the judgment in the Portal.
2C_391/2025: Admissibility of the Complaint for International Legal Assistance in Tax Matters
Summary of the Facts
The Spanish tax authority issued a request for legal assistance to the Federal Tax Administration (ESTV), as A.________ might be liable for taxes in Spain and had significant economic interests there. The ESTV decided to forward the requested information, which A.________ and B.________ GmbH attempted to contest before the Federal Administrative Court. The complaints were dismissed.
You can find the complete summary of the judgment in the Portal.
2C_400/2025: Admissibility of the Complaint regarding International Tax Assistance
Summary of the Facts
The complainant A.________, a former employee of a bank (information holder), objects to the sharing of her name and other identifying features in the context of a request for assistance from the US tax authority concerning possible tax offenses by two US citizens. The Federal Administrative Court had generally permitted the transmission of the information but stated that it could only be used for the intended purpose.
You can find the complete summary of the judgment in the Portal.
8C_396/2024: Judgment on Detention in a Return Center
Summary of the Facts
A.________, a Nigerian national, applied for asylum in 2020, which the State Secretariat for Migration (SEM) did not process due to Dublin jurisdiction of Italy. Her expulsion was ordered and dismissed by a complaint to the Federal Administrative Court. In the meantime, she was undergoing psychiatric treatment. A later request to the UN Committee on the Elimination of Discrimination against Women (CEDAW) led to the suspension of the execution of the expulsion. A.________'s request for special accommodation in a care center was extended several times but ultimately denied by the migration office of the canton of Bern, after which she was to proceed to the return center E.________. Her complaints against this decision were dismissed by cantonal authorities.
You can find the complete summary of the judgment in the Portal.
2C_398/2025: Legal Assistance (DBA CH-US), Legal Protection for Bank Employees in Information Transmission
Summary of the Facts
The judgment addresses the legality of transmitting the identifying features of a bank employee in the context of an international request for assistance according to Art. 26 DBA CH-US. The complainant, A.________, a bank employee, opposes the transmission of his identifying data to the US tax authorities.
You can find the complete summary of the judgment in the Portal.
1C_364/2025: Admissibility of the Complaint regarding International Legal Assistance
Summary of the Facts
In an alleged criminal proceeding in Kuwait, Switzerland was requested for international legal assistance to transmit bank documents held by the complainants A.A., B.A., and C.A. The complainants oppose the transmission of these documents, fearing a violation of the specialty principle.
You can find the complete summary of the judgment in the Portal.
2C_282/2025: Decision on the Legality of Detention for Expulsion
Summary of the Facts
A.________, a Moldovan citizen, entered Switzerland on May 1, 2025, without valid travel documents and was arrested on May 4, 2025, among other reasons for unlawful entry and residence. Detention for expulsion was ordered against him and confirmed by the Administrative Court of the Canton of Zug, detention judge, on May 6, 2025, for a duration of three months. During detention, A.________ cooperated in preparing his return. He was expelled to Moldova on June 10, 2025, and filed a complaint with the Federal Court seeking a declaration of the illegality of the detention.
You can find the complete summary of the judgment in the Portal.
1C_121/2024: Judgment regarding the Issuance of a Building Permit on an Industrially Zoned Parcel
Summary of the Facts
The parcel No. 2071 in the municipality of Grandson, classified as an industrial zone, was the subject of a construction project by A.________ SA. The project included three halls, six garages, and 64 parking spaces. Pro Natura Vaud and Pro Natura Switzerland filed their opposition against the project, with the former also filing a complaint. The construction was initially approved by the municipality, despite objections regarding ecological and spatial planning goals as well as landscape protection. The complaint was dismissed by the Cantonal Court of Vaud, after which the Federal Court was called.
You can find the complete summary of the judgment in the Portal.
4A_243/2025: Decision on Employer Liability due to a Work Accident
Summary of the Facts
The complainant (A.________) suffered a work accident in December 2011 during the assembly of a formwork system at a construction site of the respondent (B.________ AG). He fell to the ground, breaking a crossbar. It could not be conclusively clarified whether the break of the crossbar was due to a production defect or multiple events. The complainant asserts employer liability and evidence obstruction. He requested damages and compensation as well as free legal proceedings. The lower courts denied liability of the respondent and dismissed the complainant's demands.
You can find the complete summary of the judgment in the Portal.
9C_360/2025: Decision of the Federal Court regarding the Non-Compliance with the Justification Requirements of a Complaint
Summary of the Facts
The complainant filed a complaint against the judgment of the insurance court of the canton of Aargau, in which he primarily contested the obligation to pay outstanding cost contributions, reminder fees, and collection costs. The lower court had removed the legal objection in the corresponding collection process and obliged the complainant to pay the mentioned amounts.
You can find the complete summary of the judgment in the Portal.
1C_702/2024: Demolition of Single-Family House and Construction of Two-Family House: Boundary Distance and Floor Issues
Summary of the Facts
The builder planned to demolish a single-family house and construct a two-family house in Hünenberg. After objections from several neighbors, the municipality approved the construction project, which was confirmed by the government and the administrative court of the canton of Zug. The complainants argued that the construction project was unlawful regarding boundary distance regulations and the definition of a full floor.
You can find the complete summary of the judgment in the Portal.
2C_401/2025: Decision on Questions of Legal Assistance according to DBA CH-US
Summary of the Facts
The Federal Court has decided on the admissibility of transmitting information regarding a bank employee in the context of a request for assistance from the US Internal Revenue Service. The request concerns the tax audit of US citizens for tax periods from 2009 to 2021. The affected bank employee opposes the transmission of his name and other identifying features.
You can find the complete summary of the judgment in the Portal.
2C_399/2025: Judgment on International Legal Assistance in Tax Matters
Summary of the Facts
A.________, once an employee of a Swiss bank (information holder), opposes the transmission of his name and other identifying features in the context of a request for assistance from the US tax authority. This request concerns possible tax offenses over a period from 2009 to 2021. The Federal Tax Administration (ESTV) and the Federal Administrative Court allowed the transmission of the data, as they were expected to be significant and proportionate for the investigation in the USA. A.________ appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
2C_396/2025: Decision on International Tax Assistance
Summary of the Facts
The US Internal Revenue Service requested the Federal Tax Administration (ESTV) for assistance based on Art. 26 of the Double Taxation Agreement between Switzerland and the USA (DBA CH-US). The request concerned the transmission of information, including names and identifying features of bank employees appearing in the relevant documents. An affected bank employee, A.________, requested the redaction of his data. The ESTV rejected this, prompting a complaint to the Federal Administrative Court. This confirmed the transmission of the data, stating that they were expected to be significant and proportionate. A.________ contested the judgment before the Federal Court.
You can find the complete summary of the judgment in the Portal.
2C_393/2025: Decision on the Request for Assistance according to DBA CH-US: Transmission of Data on Bank Employees
Summary of the Facts
The procedure concerns a request for assistance from the US Internal Revenue Service (IRS) according to Art. 26 of the Agreement between Switzerland and the USA to Avoid Double Taxation (DBA CH-US). It involves the transmission of bank documents and identifying data, including the names of a former bank employee (complainant), in connection with a tax investigation against two US citizens. The complainant opposes the transmission of his data. The Federal Tax Administration (ESTV) and the Federal Administrative Court decided that the data could be transmitted.
You can find the complete summary of the judgment in the Portal.
7B_613/2025: Order to Dismiss a Criminal Complaint and Free Legal Aid
Summary of the Facts
A.________ was arrested on January 9, 2025, on suspicion of rape and other offenses and has been in pre-trial detention since then. The detention was extended several times, most recently until July 21, 2025. A.________ appealed against the decision of the Cantonal Court of Zurich from May 27, 2025, aiming for immediate release from detention, possibly under replacement measures. However, the complaint was withdrawn on July 11, 2025.
You can find the complete summary of the judgment in the Portal.
5A_258/2025: Decision on Disputing New Assets
Summary of the Facts
A.________ was partially established by the District Court of Bülach for new assets amounting to CHF 158,765.38. The Cantonal Court of Zurich did not admit A.________'s appeal due to insufficient and non-specific legal claims submitted. A.________ requested the Federal Court to refer the case back to the Cantonal Court for re-evaluation, or alternatively, to set the new assets at CHF 134,765.38. The Federal Court had to deal with the issue of excessive formalism concerning the requirements for legal claims.
You can find the complete summary of the judgment in the Portal.
1C_216/2024: Building Permit for Roof Extension in Bülach
Summary of the Facts
- **A. (Complainant)** contests the building permit for a roof extension on the property of **B.B. and C.B. (Respondents)**, granted by the city of Bülach. - Previously, the complainant's appeal was dismissed by the Building Appeals Court and the subsequent complaint by the Administrative Court of the Canton of Zurich.
You can find the complete summary of the judgment in the Portal.
2C_394/2025: Admissibility in Legal Assistance in Tax Law according to DBA CH-US
Summary of the Facts
The complainant was an employee of a bank and had raised an objection against the transmission of her name and identifying data in the context of a US assistance request based on Article 26 of the DBA CH-US. The ESTV rejected her request for redaction of this data. The Federal Administrative Court partially upheld her complaint but confirmed the transmission of her data. The complainant then filed a public law complaint with the Federal Court, seeking the redaction of her data and claiming, among other things, that there was no expected significance of the data and that her right to be heard had been violated.
You can find the complete summary of the judgment in the Portal.
5A_618/2025: Admissibility of the Complaint against Involuntary Hospitalization
Summary of the Facts
A.________ was involuntarily hospitalized on July 1, 2025, by a doctor from the Basel-Stadt Medical Services in the B.________ Clinic. The complaint against this was dismissed by the Court for Involuntary Hospitalizations of Basel-Stadt on July 10, 2025. The complainant submitted an application to the Federal Court on July 30, 2025.
You can find the complete summary of the judgment in the Portal.
7B_1347/2024: Judgment regarding Commercial Band Theft, Sentencing, Deportation, and Right to be Heard
Summary of the Facts
A.A.________ and B.________ were initially convicted by the District Court of Olten-Gösgen for commercial and gang theft. Both received prison sentences and were deported. The Cantonal Court of Solothurn confirmed the convictions but slightly modified the sentences. Both complainants appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
8C_263/2024: Decision on Unemployment Compensation in Case of Inpatient Work Disability
Summary of the Facts
A.________, who registered for employment services on March 16, 2021, was accused by the Office for Economy and Labor (AWA) of the Canton of Zug of being completely unable to work and therefore not employable due to inpatient treatment in the B.________ Clinic in August 2022. Therefore, the AWA rejected unemployment compensation for the period from August 2 to 31, 2022. Both the objection and the complaint before the Administrative Court of the Canton of Zug were unsuccessful, prompting A.________ to bring the matter before the Federal Court.
You can find the complete summary of the judgment in the Portal.
2C_395/2025: Admissibility of the Complaint for International Legal Assistance in Tax Matters
Summary of the Facts
The Federal Tax Administration (ESTV) is to transmit information regarding individuals and bank accounts based on a request for assistance from the US tax authority, including the unredacted identifying features of a bank employee, the complainant A.________. He opposed the transmission and requested the redaction of his data, which the ESTV rejected. The Federal Administrative Court partially upheld A.________'s complaint against this decision; however, the transmission of his data was ultimately permitted, as the lower court affirmed their expected significance and proportionality. A.________ brought the case before the Federal Court.
You can find the complete summary of the judgment in the Portal.
5A_623/2025: Judgment on Involuntary Medication in the Context of Involuntary Hospitalization
Summary of the Facts
The complainant, A.________, was involuntarily hospitalized on July 1, 2025, by a doctor from the Basel-Stadt Medical Services in the B.________ Clinic. On July 3, 2025, the medical management of the clinic ordered involuntary medication. A.________ filed a complaint against this order, which was dismissed by the Court for Involuntary Hospitalizations of the Canton of Basel-Stadt on July 10, 2025. The complainant then turned to the Federal Court with a complaint.
You can find the complete summary of the judgment in the Portal.
8C_446/2024: Judgment on the Obligation of Accident Insurance in Case of Knee Injuries
Summary of the Facts
The complainant, who is insured with Helvetia Swiss Insurance Company against accident consequences, suffered a skiing accident on February 28, 2020, during which she twisted her left knee. Medical interventions were performed and benefits provided until Helvetia determined on April 30, 2020, that it no longer had an obligation to provide benefits from that date. This was attributed to a degenerative precondition. The complainant opposed this, claiming that there was still a causal link to the accident and requested further insurance benefits. The lower court dismissed her complaint.
You can find the complete summary of the judgment in the Portal.
2C_392/2025: Judgment regarding International Legal Assistance in Tax Matters
Summary of the Facts
The Federal Tax Administration (ESTV) received a request for assistance from the US tax authority (IRS) in connection with an investigation regarding tax evasion of a married couple. The procedure concerns foreign financial accounts and companies between 2011 and 2021. The ESTV intended to transmit unredacted personal data of bank employees of the information holder to the requesting authority, including the name and email address of the complainant, who objected. After his request was rejected by the ESTV and a partial judgment of the Federal Administrative Court was upheld, the complainant turned to the Federal Court.
You can find the complete summary of the judgment in the Portal.
9D_11/2025: Admissibility of the Request for Tax Relief
Summary of the Facts
The complainants A.A.________ and B.A.________ requested tax relief for the period of the tax year 2022 regarding the direct federal tax (IFD) as well as the cantonal and municipal taxes (ICC) of the Canton of Fribourg. The cantonal financial directorate rejected the request, and the Cantonal Court of Fribourg confirmed this decision, dismissing the complaint of the taxpayers. The complainants have filed a complaint with the Federal Court against this judgment.
You can find the complete summary of the judgment in the Portal.
1C_406/2025: International Legal Assistance Decision in Criminal Law
Summary of the Facts
The Federal Ministry of Ukraine requests legal assistance and the transmission of documents regarding banking relationships of four companies (A.________ Plc, B.________ Plc, C.________ AG, and D.________ FZE), which are connected to investigations against executives and a major shareholder of a Ukrainian bank. The Federal Criminal Court had granted the legal assistance, and this decision was challenged before the Federal Court.
You can find the complete summary of the judgment in the Portal.