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 Lexplorer portal. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
8C_426/2024: Judgment on Compensation for Helplessness in Cases of Psychological Impairments
Summary of the Facts
A.________, who had been supported since childhood due to various developmental and psychological impairments, received compensation for helplessness of mild degree starting in May 2017. A new decision from the IV Office of Lucerne on December 14, 2021, revoked this benefit. The Cantonal Court of Lucerne partially upheld the subsequent appeal and continued to grant A.________ the compensation for helplessness. The IV Office appealed this decision to the Federal Court.
Summary of the Considerations
- **E.1:** General review powers of the Federal Court based on BGG. Fact-checking only in cases of obvious defects or clear violations of the law. - **E.2:** The dispute concerns the entitlement to compensation for helplessness due to mild helplessness. - **E.3:** The lower court based its decision on medical and psychiatric reports that demonstrated a need for regular third-party assistance in two areas of life, including personal care. It was determined that psychological impairments necessitate regular support. - **E.4:** The arguments of the appellant that there has been no deterioration since the previous ruling in 2017 were dismissed. The court emphasized that the current assessment of the health condition is decisive. - **E.5:** No errors were found in the assessment of the lower court. The need for assistance was convincingly demonstrated.
Summary of the Disposition
The appeal was dismissed, and court costs as well as compensation for the parties were imposed.
8C_289/2024: Decision on the Termination of a Disability Pension from Accident Insurance
Summary of the Facts
The appellant A.________ had received a disability pension since 1998 following a traffic accident in 1994. In 2021, Allianz Suisse Insurance Company AG initiated a pension review process, which led to the termination of the pension effective February 28, 2022. The Social Insurance Court of the Canton of Zurich rejected the appeal against this decision. A.________ then filed an appeal with the Federal Court, seeking the continuation of the pension payments.
Summary of the Considerations
The Federal Court reviews the appeal under the application of Art. 95 et seq. BGG and Art. 105 para. 3 BGG, according to which it can also review the factual determinations of the lower court if these concern monetary benefits from accident insurance. The issue at stake is the claim for a disability pension from March 1, 2022, where the formal objection of the appellant is addressed, claiming that the opposing party did not submit all relevant files. The lower court and the opposing party were required to fully clarify the legally relevant facts according to the principle of investigation. This was not ensured in the lower court's assessment due to incomplete files from the IV Office. The Federal Court points out that the relevant IV files should have been presented to the cantonal court, and no overriding interests justify the refusal to present them.
Summary of the Disposition
The appeal is partially upheld, the lower court's judgment is overturned, and the matter is referred back for reassessment.
9C_184/2025: Judgment on the Right to Vocational Measures from Disability Insurance
Summary of the Facts
A.________, born in 1976, was fully employed in the hospitality industry until the end of 2012. After further training and subsequent unemployment, he applied for disability insurance benefits in October 2022, including a pension and vocational measures. The Office of Disability Insurance of the Canton of Geneva rejected the application, as no disability was determined. The lower court dismissed his appeal.
Summary of the Considerations
E.1: The Federal Court examines appeals for legal violations according to Art. 95 and 96 LTF and applies the law ex officio (Art. 106 para. 1 LTF). It acknowledges the factual findings of the lower court unless they are obviously incorrect or unlawful (Art. 105 para. 2 LTF). E.2: The dispute concerns the entitlement to vocational measures, specifically a vocational reclassification system according to Art. 8 LAI. According to Art. 17 LAI, such measures can be claimed if they are necessary and promise an improvement in earning capacity. A disability with a reduction in earning capacity of at least 20% is required. E.3: The lower court found that the appellant is fully capable of working in a job adapted to his limitations since February 2023. It determined a degree of disability of under 20%, even considering the most favorable values for the appellant. E.4: The Federal Court confirms that a vocational reclassification system is not necessary, as the health problem does not represent a significant restriction on earning capacity, and the appellant could continue to hold competent and adapted positions with his diploma. The arguments of the appellant, particularly regarding disability income and deductions, are unconvincing.
Summary of the Disposition
The appeal was dismissed, and court costs were imposed on the appellant.
5A_399/2025: Judgment on the Request for Recusal in a Divorce Proceeding
Summary of the Facts
A.________ initiated divorce proceedings against B.________ before the Regional Court of Bern-Mittelland. During a main hearing on January 4, 2025, A.________ presented a letter to Judge Rudolf Huber, which was treated as a request for recusal. The Regional Court dismissed the request on March 5, 2025. A.________ filed an appeal with the Cantonal Court of Bern on March 22, 2025, which on April 9, 2025, did not consider the appeal and denied legal aid. Against this decision, A.________ filed a civil appeal to the Federal Court on May 22, 2025.
You can find the complete summary of the judgment in the Portal.
5A_500/2025: Decision of the Federal Court on the Admissibility of an Appeal Regarding the Threat of Bankruptcy
Summary of the Facts
The A.________ SA filed an appeal with the Federal Court against a decision of the lower court concerning the bankruptcy threat. The appellant was instructed to make a prepayment of court costs. Despite being granted an additional payment deadline until August 4, 2025, the prepayment was not made in time, leading the Federal Court to declare the appeal inadmissible.
You can find the complete summary of the judgment in the Portal.
7B_1346/2024: Fraud and Forgery in Connection with a Covid-19 Loan
Summary of the Facts
The Public Prosecutor's Office of Schwyz issued a penal order against A.________ for fraud, forgery, and failure to keep accounts. A.________ filed an objection. Subsequently, the Criminal Court of Schwyz found him guilty only of failure to keep accounts. The Cantonal Court of Schwyz confirmed this conviction and acquitted A.________ of the charges of fraud and forgery. The Public Prosecutor's Office then appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
7B_557/2025: Judgment on the Inadmissibility of an Appeal Due to Incomplete Justification
Summary of the Facts
The appellants A.________ and B.________ challenged the decision of the Court of Appeals of Basel-Stadt from May 2, 2025, which had dismissed their appeal regarding electronic access to files, as far as it was considered. They submitted an appeal in criminal matters and a precautionary subsidiary constitutional appeal to the Federal Court. The Federal Court reviewed the submission.
You can find the complete summary of the judgment in the Portal.
9D_8/2025: Decision on Legal Aid in Tax Relief Procedures
Summary of the Facts
The taxpayers A.A.________ and B.A.________ applied for the relief of their tax arrears for the tax year 2023. The cantonal tax administration rejected the application. They filed an appeal and complaint against this decision with the Administrative Appeals Commission of the Canton of St. Gallen, which later also rejected an application for legal aid. The Administrative Court of the Canton of St. Gallen confirmed this rejection of the application and found the legal remedies of the taxpayers to be hopeless. The taxpayers then appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
7B_356/2025: Decision on the Requirement for an Official Defender in Criminal Proceedings
Summary of the Facts
A.________ was reported for the accusation of abuse and failure to return a vehicle. He requested the appointment of an official defender due to his financial situation, believing that he could not sufficiently represent his interests without legal support. His request was denied by the prosecutor, as the case was neither complicated nor presented serious legal or factual difficulties. The cantonal appeals chamber confirmed this decision. A.________ appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
5F_41/2025: Revision of a Decision
Summary of the Facts
A.________ requested the revision of a Federal Court judgment (5A_511/2025 of July 17, 2025), which had declared her appeal against the decision of the Chamber of Debt Collection and Bankruptcy of the Fribourg Cantonal Court regarding a complaint against the Debt Collection Office of the Saanen District to be inadmissible. Furthermore, she requested suspensive effect and provisional measures as well as information on the necessity of a new application for legal aid.
You can find the complete summary of the judgment in the Portal.
9F_18/2025: Request for Revision and Restoration of Deadline in Social Insurance Proceedings
Summary of the Facts
The applicant A.________ sought revision of an earlier judgment of the Federal Court (9C_215/2025 of June 11, 2025) and restoration of the deadline according to Art. 50 BGG. She also requested legal aid. Previously, several proceedings concerning her old-age and disability pension had been dealt with, where the Federal Court had not considered various appeals and requests for revision, including the judgment 9F_7/2025 of June 11, 2025.
You can find the complete summary of the judgment in the Portal.
7B_1424/2024: Recusal Requests and Free Official Defense
Summary of the Facts
The appellant A.________, against whom a criminal procedure for obstruction of an official act is pending, filed recusal requests against Judge Daniel Gerber and other judges of the Canton of Bern. These were dismissed by the Cantonal Court of Bern, as was a request by the appellant for free official defense. A.________ then appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
1C_492/2024: Decision on Building Permit for Villa Project in Boussens
Summary of the Facts
The owners of parcel no. 235 in Boussens, together with the buyer (B.________ Sàrl), applied for a building permit for the construction of three villas after the demolition of an existing building. The construction project triggered public objections, including from A.________, a co-owner and tenant of an adjacent property. After a positive synthesis by the CAMAC and the granting of the building permit by the competent municipal authority, the objectors filed an appeal with the cantonal administrative court of the Canton of Vaud, which dismissed it. A.________ then appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
8C_66/2025: Illness as an Occupational Disease According to UVG
Summary of the Facts
A.________, who worked in Switzerland from 1967 to 1968 and from 1973 to 1974, died in 2011 from peritoneal carcinomatosis. His relatives claimed benefits from the mandatory accident insurance (CNA) based on an occupational disease due to asbestos exposure at work. The CNA denied these benefits after an appropriate assessment. Following a first decision by the cantonal court, the matter was referred back to the CNA for further clarification; subsequent reports and investigations led to the conclusion that no occupational disease according to UVG exists. The complaint from the relatives to the cantonal court was dismissed.
You can find the complete summary of the judgment in the Portal.
9C_343/2025: Compensation for Helplessness of a Minor Insured
Summary of the Facts
The minor A.________, born in 2020, suffers from atopic dermatitis and several food allergies. His mother registered him in February 2024 with the IV office of Lucerne for compensation for helplessness for minors. After investigations, the IV Office of Lucerne denied a claim for compensation for helplessness with a decision dated July 9, 2024. The Cantonal Court of Lucerne also dismissed the subsequent appeal.
You can find the complete summary of the judgment in the Portal.
6B_361/2024: Judgment on Sexual Acts with Children
Summary of the Facts
A.________ lived as a subtenant in a single-family house from mid-July 2019 to mid-June 2020 and occasionally worked as a babysitter for the then 8-year-old B.B.________. He is accused of having instructed B.B.________ between early April 2020 and late May 2020, after playing on the trampoline, to undress. Under the pretense of checking for ticks, he allegedly searched her entire naked body and also touched her buttocks and genital area. B.B.________ suffered pain in the process.
You can find the complete summary of the judgment in the Portal.
2C_407/2025: Inadmissibility of the Suspension Order of the Administrative Court of Zurich in the Procurement Procedure
Summary of the Facts
The municipality of Niederglatt awarded a contract to a provider for a temporary school room. The unsuccessful provider filed a complaint with the Administrative Court of the Canton of Zurich. During the proceedings, the municipality announced that it would revoke the award, prompting the Administrative Court to suspend the proceedings. The award decision was subsequently made public, and a parallel appeal procedure against the revocation of the award is pending. The unsuccessful provider filed a complaint with the Federal Court, seeking the annulment of the suspension order and precautionary measures.
You can find the complete summary of the judgment in the Portal.
9C_202/2025: Decision on the Admissibility of an Appeal in Tax Law
Summary of the Facts
A.________ was taxed for the tax periods 2011 to 2018 in the area of direct federal tax (DBST) and the cantonal and municipal taxes (KCS). The decisions were partially reformed. The cantonal court of the Canton of Vaud (judgment of March 7, 2025) decided partly in favor of the taxpayers but rejected significant parts of the appeal and referred the matter back for recalculation for the tax years 2012 and 2013 to the cantonal tax administration. A.________ then filed an appeal with the Federal Court and made several requests, including regarding the statute of limitations of the tax claims and the consideration of a higher family quotient.
You can find the complete summary of the judgment in the Portal.
7B_316/2025: Decision on the Refusal of a Public Defender
Summary of the Facts
The Federal Court is dealing with the appeal of A.________ against the refusal of a public defender by the prosecutor of the Nord Vaudois district and the subsequent confirmation of this decision by the cantonal appeals chamber. A.________ is accused of having stolen a bank card together with B.________ on February 24, 2024, and having used it unlawfully as well as attempting to steal another bank card.
You can find the complete summary of the judgment in the Portal.