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 rulings. 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_120/2023: Judgment of the Federal Court on the appeal against the decision of the cantonal judiciary regarding attempted rape
Summary of the Facts
A. The appellant A.________ was convicted on March 25, 2022, by the Criminal Court of the Canton of Geneva for attempted rape and illegal stay. He received a prison sentence of 36 months, taking into account pre-trial detention, and a fine. He was also expelled from Switzerland for five years. B.________, the victim, received compensation of CHF 5,000 for non-material damages, which was later increased to CHF 8,000. The incidents occurred on July 22, 2020, when A.________ approached B.________, who was heavily intoxicated, and attempted to sexually assault her, with B.________ resisting and ultimately managing to escape. The police found her shortly thereafter in a state of shock and with injuries. The appellant denied the allegations and appealed the judgment of the cantonal instance.
Summary of the Considerations
1. The appeal was to be upheld under the provisions concerning appeals in criminal matters (Art. 78 ff. LTF), as it was submitted within the deadline.
2. The appellant argued a violation of the right to be heard, as the specific sexual assaults were not described in sufficient detail in the first-instance judgment. However, the malice of the lower court was deemed not to exist.
3. The appellant pointed to an alleged violation of the taking of evidence; however, it was determined that he had the opportunity to present his view of matters during the appeal proceedings.
4. The lower court found that the statements of B.________ were generally credible and the police also confirmed that she was in a state of emergency.
Summary of the Ruling
The appeal of A.________ was dismissed, and the costs were imposed on him.
5A_554/2025: Non-admission of appeal and request for recusal regarding the suspension of garnishment
Summary of the Facts
The appellant originally contested the decision of the St. Gallen Debt Enforcement Office, which denied a suspension of garnishment. His appeal was forwarded for formal reasons by the Cantonal Court of St. Gallen to the District Court of St. Gallen, which dismissed the appeal and did not initiate disciplinary proceedings. The appellant unsuccessfully attempted to enforce a request for recusal against the responsible district judge Peter Frei, and the Cantonal Court did not admit the appeals due to insufficient justification. The appellant then appealed to the Federal Court.
Summary of the Considerations
- **E.1**: The Federal Court finds that the appellant has not provided sufficient justification demonstrating how the lower court allegedly violated the law. This is a requirement according to Art. 42 para. 2 BGG. - **E.2**: The Cantonal Court did not admit either the appeal or the request for recusal as they were late or insufficiently justified. The Federal Court shares this assessment and confirms that a substantive discussion was not necessary due to the non-admission. - **E.3**: The objections regarding legal violations are deemed insufficient by the Federal Court, as they remain general and do not show a concrete engagement with the lower courts. A detailed examination of the submissions does not take place, as the appeal obviously lacks sufficient justification.
Summary of the Ruling
The Federal Court did not admit the appeal and imposed court costs on the appellant.
9C_149/2025: Decision regarding the revision of a disability pension
Summary of the Facts
The appeal concerns the revision of a full disability pension granted to the insured since March 1, 2012. The IV Office of the Canton of Geneva decided to revoke the pension as of May 1, 2024, based on medical reports and assessments indicating an alleged improvement in health since 2023. However, the cantonal instance overturned the decision of the IV Office on the grounds that there was insufficient evidence for a substantial improvement in health.
Summary of the Considerations
- **E.1:** The legal foundations (Art. 95 and 96 BGG) for assessing the appeal are presented. The Federal Court is authorized to apply the law ex officio. - **E.2:** The dispute concerns the revision of the disability pension, with the burden of proof for the improvement in health resting with the IV Office. The cantonal instance found the submitted evidence insufficient and criticized that no expertise with sufficient professional breadth was conducted. - **E.3:** The cantonal instance had examined the medical reports and assessments and deemed them insufficiently conclusive. However, the judges' conclusions were erroneous as no additional instructional measures were taken to clarify health status more accurately. - **E.4:** The Federal Court criticizes the cantonal instance for the incomplete gathering of facts and orders a more comprehensive multidisciplinary assessment.
Summary of the Ruling
The appeal is upheld, and the decision of the lower instance is overturned, with new factual investigations ordered.
7B_485/2025: Judgment regarding official defense in a case of traffic rule violations
Summary of the Facts
The appellant A.________ was convicted by the Public Prosecutor's Office of the Canton of Basel-Stadt by way of a penal order for multiple traffic rule violations (unnecessarily slow driving and failure to signal) with a fine of CHF 350. After an objection and the annulment of the original penal order as well as a correction of the time of the offense, A.________ defended himself against the allegations. During the ongoing criminal proceedings, he requested the appointment of an official defense, which was rejected by the Public Prosecutor's Office and subsequently by the Court of Appeals of the Canton of Basel-Stadt.
Full summary of the judgment can be found in the Portal.
5A_553/2025: Appeal against the non-admission decision of the Cantonal Court of St. Gallen regarding the debt enforcement register extract
Summary of the Facts
The appellant criticized the issuance of debt enforcement register extracts by the St. Gallen Debt Enforcement Office as well as a lack of willingness to negotiate and the imposition of excessive fees. After a non-admission decision by the District Court of St. Gallen and another non-admission decision by the Cantonal Court of St. Gallen, he appealed to the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_1003/2024: Decision on the criminal assessment of an unauthorized climate protest action
Summary of the Facts
Three individuals (A._______, B._______, and C.________) participated in an unauthorized climate demonstration that blocked a central traffic junction in Lausanne. The demonstration caused significant disruptions to traffic. The appellants were partially acquitted and partially found guilty in the lower instances. The Federal Court examined the legal questions related to criminal liability as well as the compatibility of the conviction with fundamental rights such as the freedom of assembly.
Full summary of the judgment can be found in the Portal.
6B_45/2024: Decision on various criminal accusations and procedural questions
Summary of the Facts
A.________ was convicted of numerous criminal offenses, including economic crimes such as violations of accounting responsibilities, fraud, and money laundering, as well as abuse of Covid-19 loans. He took over various companies as a "straw man" that were already heavily indebted and systematically implemented this business practice. Additionally, he was accused of unlawfully receiving public benefits. The lower instance recognized numerous criminal offenses and imposed a prison sentence.
Full summary of the judgment can be found in the Portal.
6B_970/2024: Dismissal of the appeal due to disloyal management
Summary of the Facts
A.________ worked as a Food & Beverage Manager for a restaurant of B.________ SA during the winter season 2014/2015. He was accused of violations of internal business guidelines, particularly unregistered consumption or illegal distribution of stock and inappropriate behavior during work.
Full summary of the judgment can be found in the Portal.
6B_317/2025: Judgment regarding the offense of “obstruction of public services”
Summary of the Facts
Five individuals (A.________, B.________, C.________, D.________, and E.________) blocked traffic during an unauthorized demonstration on December 14, 2019, in Rue Centrale in Lausanne, which hindered the operation of public transport and the movement of emergency vehicles. The responsible cantonal and municipal authorities were not informed in time, and the police had to intervene with physical force to resolve the situation. The demonstrators did not deny participating in the action but invoked their fundamental rights to freedom of expression and assembly.
Full summary of the judgment can be found in the Portal.
6B_46/2024: Judgment on sentencing and reformatio in pejus
Summary of the Facts
The appellant was convicted by the District Court of Lausanne on November 24, 2022, for several offenses (including abuse of trust, qualified disloyal management, and violation of the Foreigners Act) to a prison sentence of six months. The appellate instance, the Criminal Appeals Chamber of the Cantonal Court of Vaud, confirmed the sentence essentially, although it partially acquitted him (release from the charge of obtaining a false statement by deception). The appellant challenged the appellate judgment before the Federal Court, claiming that his prison sentence should have been reduced in light of the partial acquittal and that he should have been granted conditional execution of the sentence.
Full summary of the judgment can be found in the Portal.
6B_47/2024: Judgment on criminal conviction and appeal regarding corporate manipulations and accounting obligations
Summary of the Facts
The appellant A.________ was convicted by the lower instance for various offenses, including aggravated disloyal management, fraudulent obtaining of a false statement, violation of accounting obligations, and unauthorized employment of foreigners. The lower instance reduced the prison sentence imposed on A.________ to seven months but essentially confirmed the convictions, particularly the obligation to keep accounts and the fraudulent obtaining of false statements in certain cases. The appellant appealed these convictions to the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_5/2025: Judgment on road blockade and its impact on public transport
Summary of the Facts
A.________, B.________, and C.________ were initially convicted by the District Court of Lausanne and later by the Cantonal Court of Vaud for several offenses, including *"obstruction of public services,"* resulting from an unauthorized demonstration that blocked traffic on the Pont Bessières in Lausanne for several hours. The defendants argued before the Federal Court that neither the intensity of the disruption nor their intention provided a basis for the conviction.
Full summary of the judgment can be found in the Portal.
9C_446/2024: Decision regarding disability pension
Summary of the Facts
The appellant, born in 1972, was employed as a sales consultant and applied for disability insurance benefits due to ankylosing spondylitis since August 2012. After an intensive and lengthy medical investigation phase and several decisions by the cantonal authorities, a graded pension was finally granted from June 2014 to December 2015. The appellant contested the decision of the Court of the Canton of Vaud and requested a higher disability pension from December 2015.
Full summary of the judgment can be found in the Portal.
6B_159/2025: Dismissal of the appeal against conviction for driving under the influence and other offenses
Summary of the Facts
A.________ was convicted by the Geneva Police Court for driving in a qualified alcoholic state, violence or threats against authorities and officials, simple bodily injury, and insult. After the appeal, the Geneva Criminal Chamber confirmed the first instance judgment. A.________ appealed to the Federal Court aiming to contest the essential points of his conviction, particularly the finding of his innocence regarding driving under the influence and his incapacity to be held criminally responsible for the other offenses. He also requested the admission of further evidence and an expertise.
Full summary of the judgment can be found in the Portal.
9C_409/2025: Order of the Federal Court regarding disability insurance
Summary of the Facts
The appellant A.________ filed an appeal against an order of the Administrative Court of the Canton of Bern dated July 14, 2025. The Administrative Court dismissed a request for free legal assistance, as the proceedings were deemed hopeless, and set a cost advance. Since this was not paid, the lower instance did not admit the appeal and imposed procedural costs. The Federal Court reviewed the facts, deemed the request for free legal assistance and the appeal moot.
Full summary of the judgment can be found in the Portal.
4D_119/2025: Judgment on an inadmissible appeal against a decision on legal opening
Summary of the Facts
The appellant A.________ filed an appeal against a decision of the District Court of St. Gallen on April 28, 2025. The District Court had granted provisional legal opening to the respondent B.________ AG for the amount of CHF 4,650 plus interest. The Federal Court examined the admissibility of the submitted appeal.
Full summary of the judgment can be found in the Portal.
4D_104/2025: Judgment regarding legal opening
Summary of the Facts
The appellant A.________ appealed to the Federal Court against a judgment of the Cantonal Court of Solothurn dated May 5, 2025, concerning legal opening.
Full summary of the judgment can be found in the Portal.
7B_343/2025: Decision on the appeal regarding non-admission order and insufficient justification in criminal proceedings
Summary of the Facts
A.________ filed an appeal with the Federal Court against a decision of the Criminal Chamber of the Court of Justice of the Canton of Geneva dated April 9, 2025. This decision concerned the rejection of an appeal against a non-admission order of the Geneva Public Prosecutor dated March 4, 2025, in connection with A.________'s complaint against the medical service of the Champ-Dollon penitentiary. A.________ criticized a delay in medical care, particularly regarding the provision of new glasses. He also requested free legal assistance.
Full summary of the judgment can be found in the Portal.
7B_218/2024: Judgment on the challenge of a decision to close a case and rejected evidence requests in the context of violence allegations
Summary of the Facts
Between A.________ and her spouse B.________, there was a highly conflictual relationship during their marriage, leading to several judicial and criminal proceedings. After the Public Ministry of the Canton of Geneva closed the complaints filed by A.________ regarding allegations of violence against B.________, she challenged this decision with an appeal to the Criminal Appeals Chamber of the Canton of Geneva. This appeal was dismissed. A.________ then turned to the Federal Court and requested the annulment of the closure order and orders to continue the investigation or to refer the matter to the appropriate judicial instance.
Full summary of the judgment can be found in the Portal.
8C_695/2024: Rejection of a disability pension (mixed method)
Summary of the Facts
The appellant, born in 1971 and last employed as a cleaning lady, applied for a disability pension after a knee injury in May 2020 with the IV Office of Solothurn. After an arthroscopic knee surgery and a multidisciplinary assessment as well as a household assessment, the IV Office denied a pension entitlement (degree of disability: 8%). The cantonal insurance court of Solothurn rejected the appeal against this decision. Before the Federal Court, the appellant requested the granting of a full pension or a referral to the IV Office.
Full summary of the judgment can be found in the Portal.
4A_227/2025: Inadmissibility related to legal opening
Summary of the Facts
The appellant appealed against the decision of the Cantonal Court of Appenzell Ausserrhoden, which had not admitted his appeal and his request to restore the deadline. The Federal Court dismissed the request for suspensive effect and set a deadline for the payment of the cost advance. Since the appellant did not pay the cost advance even after the deadline, the appeal was not processed.
Full summary of the judgment can be found in the Portal.
7B_490/2025: Decision on the inadmissibility of the appeal in a criminal matter
Summary of the Facts
The appellant A.________ contested a non-admission order of the Public Prosecutor of Jura bernois-Seeland and later the dismissive decision of the Criminal Appeals Chamber of the Canton of Bern, claiming that he and his family had been treated degradingly and violently by officials. The Federal Court declared the appeal obviously inadmissible, as the requirements for the justification of civil claims and possible violations of fundamental rights were not met.
Full summary of the judgment can be found in the Portal.
6B_869/2024: Right to present evidence and conviction for obstructing community services
Summary of the Facts
A.________ participated in an unauthorized demonstration on September 20, 2019, on the Pont Bessières in Lausanne, blocking traffic and causing significant delays in public transport. A.________'s demonstration behavior was penalized by the lower instances, particularly for obstructing community services. The Federal Court had already dismissed the case in 2024 and instructed the cantonal instance to supplement the facts, particularly regarding the degree of obstruction of public transport during the demonstration.
Full summary of the judgment can be found in the Portal.
9C_674/2024: Decision regarding annual tax to promote tourism
Summary of the Facts
The A.________ Sàrl, a security company based in U.________, was requested by the cantonal tax administration of Geneva to pay an annual tourism promotion tax of CHF 1,000 for the tax periods 2023 and 2024. After a rejected objection to the tax, the company appealed to the Geneva judiciary, which was also dismissed. The company is challenging the decision before the Federal Court.
Full summary of the judgment can be found in the Portal.
5A_533/2025: Appeal against the extension of the deadline for submitting a report in divorce proceedings
Summary of the Facts
In the context of the divorce proceedings between A.________ and B.________, the sole judge of Locarno-Città appointed several experts to obtain proposals for the welfare of the child regarding custody and personal contact with the non-custodial parent. The deadline for submitting the report was extended from April 17, 2025, to June 30, 2025. A.________ requested the annulment of this extension with her legal remedy dated April 28, 2025. The Cantonal Court of the Canton of Ticino rejected the request due to a lack of substantiation of a serious disadvantage according to Art. 319 lit. b No. 2 ZPO.
Full summary of the judgment can be found in the Portal.
1C_666/2024: Federal Court proceedings regarding the demolition and new construction of a mobile communications facility in Hüttwilen
Summary of the Facts
The appellants A.________, B.________, C.________, D.________, E.________, and F.________ filed an appeal against a decision of the Administrative Court of the Canton of Thurgau regarding the demolition and new construction of a mobile communications facility in the municipality of Hüttwilen. After the initiation of the federal court proceedings, the respondent Swisscom (Switzerland) AG withdrew the building application as it no longer met the technical requirements. The proceedings were subsequently deemed moot.
Full summary of the judgment can be found in the Portal.
1C_187/2024: Building permit for a mobile communications facility
Summary of the Facts
Swisscom (Switzerland) AG submitted a building application for the construction of a mobile communications facility with 5G antennas in Büren an der Aare. The building project was approved despite objections from residents by the municipal community, the building and transport department of the Canton of Bern, and finally by the Administrative Court of the Canton of Bern. The appellant A.A. appealed to the Federal Court and requested the rejection of the building permit or a referral for re-evaluation.
Full summary of the judgment can be found in the Portal.
7B_1292/2024: Inadmissibility of the appeal regarding the conditions of the detention regime
Summary of the Facts
The appellant A.________, who is detained for serious offenses, requested changes to the conditions of the detention regime, particularly citing violations of conventions under the ECHR and other international regulations. The cantonal authorities rejected his requests. After a previous federal court ruling, the matter was referred back to cantonal instances, re-examined, and ultimately his appeal was dismissed by the Administrative Court of the Canton of Aargau. A.________ again appealed to the Federal Court.
Full summary of the judgment can be found in the Portal.
7B_13/2022: Classification of a criminal complaint for abuse of office
Summary of the Facts
The appellant A.________, a city parliamentarian from Geneva, contested the classification of his criminal complaint against the police officer B.________ for abuse of office, defamation (Art. 303 StGB), misleading judicial authority (Art. 304 StGB), and violation of official secrecy (Art. 320 StGB). The criminal complaint concerned the circumstances of police measures, particularly his arrest and a "security search," during which he had to undress completely and expose his body openings.
Full summary of the judgment can be found in the Portal.
8C_750/2024: Decision of the Federal Court on disability insurance (Begaz report, degree of disability)
Summary of the Facts
The appellant A.________ registered for benefits from the IV Office of Nidwalden after a traffic accident and claimed a work incapacity of 50%. After medical clarifications, the IV Office denied a pension entitlement due to a lack of a degree of disability of at least 40%. The Administrative Court of Nidwalden confirmed this order. The appellant brought the matter before the Federal Court and requested at least a quarter pension or the referral of the case for a court assessment.
Full summary of the judgment can be found in the Portal.