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 dispositives. 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.
6B_54/2024: Decision on the Interpretation of Several Indicators in a Criminal Proceedings for Property Damage
Summary of the Facts
A.________ and B.________ were accused of damaging a transformer cabin of C.________ SA by applying a large graffiti on July 4, 2020, in X.________. The police later found a vehicle with spray cans and other indicators that suggested a connection to the two accused persons. The cantonal public prosecutor's office filed charges, and C.________ SA filed a criminal complaint.
The first instance and the appellate court convicted both accused of property damage but acquitted them of further charges regarding drugs. Both accused appealed to the Federal Court.
Summary of the Considerations
- **E.1 (Introduction):** The appeal is formally admissible; it meets the legal requirements of Art. 78 et seq. BGG.
- **E.2 (Evidence Situation):** The cantonal court (CARP) considered various indicators, including a graffiti labeled "FCZ," a corresponding lighter, a vehicle with spray cans, and other circumstances, and concluded that the accused had committed the act. The Federal Court confirmed that indicators must be considered collectively and that the evidentiary assessment in this case was not arbitrary.
- **E.2.4 (Right to Remain Silent):** The right to remain silent of the accused was not violated, as the lower court only established that no plausible counter-argument or explanation was presented.
- **E.3 (Penalties and Other Aspects):** Since the property damage was confirmed, the imposed penalties and the rejection of further requests (e.g., lifting the seizure of spray cans) remain in effect.
Summary of the Dispositive
The appeal and the request for free legal aid were dismissed, and court costs were imposed.
6B_84/2024: Expulsion of a National from Guinea Due to Criminal Offenses
Summary of the Facts
The Federal Court examines the appeal of a Guinean national against his expulsion for a duration of five years and its entry in the Schengen Information System (SIS). The expulsion is based on offenses related to qualified violations of the narcotics law and pornography. The appellant claims, among other things, a violation of federal and international law as well as a severe personal hardship.
Summary of the Considerations
The appellant exclusively challenges the expulsion. The lower court affirmed that a severe personal hardship in the sense of Art. 66a para. 2 StGB is present but concluded that public interests outweigh private interests. A thorough weighing of interests is carried out taking into account Art. 8 ECHR. The Federal Court examines the application of the hardship clause and extensively explains the criteria according to Art. 66a para. 2 StGB as well as the requirements of the ECHR. The appellant's health status, family ties, and economic and social integration are assessed in detail. The family situation of the appellant is discussed. It is found that an expulsion has effects on the welfare of the child, yet there is no danger to the well-being of the son, as care is ensured by the wife and grandmother. The health situation of the appellant (HIV-positive) is examined. It is found that sufficient medical treatment options exist in the home country of Guinea, and no serious health risk is argued due to the expulsion. The professional and social integration is assessed as below average. The appellant has not engaged in permanent employment and has accumulated considerable debts. It is noted that previous efforts for integration were insufficient. The appellant's phase of good conduct since his arrest is acknowledged but is relativized in light of previous relevant criminal offenses and an unfavorable legal prognosis. In terms of public interests, the severity of the offenses and their impacts are emphasized. The lower court points out the risk of further offenses and the problem of qualified drug trafficking. The Federal Court finds no violations of federal or international law in the lower court's weighing of interests. The appeal is assessed as unfounded.
Summary of the Dispositive
The appeal was dismissed and the court costs were imposed on the appellant.
8C_204/2025: Judgment on the Cessation of Benefits in Accident Insurance
Summary of the Facts
The appellant, insured against accidents with Suva, had received benefits such as medical treatment costs and daily allowances after two separate accidents (2011 and 2023). After the second accident, benefits were discontinued as of November 1, 2023, since no further accident-related complaints in natural causation were found. The lower court confirmed this decision. In an appeal to the Federal Court, the insured requested the resumption of benefits or a referral of the files for renewed medical assessment.
Summary of the Considerations
- **E.1:** The Federal Court is not bound by the determination of the legally relevant facts by the lower court and only reviews the alleged legal defects. - **E.2:** The point of contention is the legality of the cessation of benefits. The lower court correctly applied the legal foundations and case law regarding accident causality as well as the applicable standard of proof. - **E.3:** The statements of the internal Suva doctors (Dr. med. C.________ and Dr. med. D.________) were classified as probative. The report by Dr. med. E.________ dated May 7, 2024, did not raise substantial doubts. - **E.4 - E.6:** The lower court was entitled to decide based on the medical file that stabilized conditions and no accident-related causal connection existed at the latest as of November 1, 2023. Suva was not required to obtain another external expert opinion as the internal medical assessments were detailed and well-founded.
Summary of the Dispositive
The appeal was dismissed and the court costs were imposed on the appellant.
7B_716/2025: Decision on the Extension of Pre-Trial Detention
Summary of the Facts
A.________ was arrested on August 22, 2024, on accusations including fraud, qualified breach of fiduciary duty, and money laundering. He has been in pre-trial detention since then, which has been extended multiple times. His request for release or replacement of detention with alternative measures was denied by the cantonal court, prompting him to lodge an appeal with the Federal Court.
Full summary of the judgment can be found on the portal.
6B_816/2024: Decision on the Appeal for Violation of the Right to be Heard, Request for Recusal, and Accusation of Arbitrary Action
Summary of the Facts
The appellant, A.________, was originally acquitted by the Tribunal correctionnel of the Canton of Geneva of the charges of sexual abuse and rape. However, in the second instance, the Chambre pénale d'appel et de révision of the Canton of Geneva partially convicted him and imposed a prison sentence with partial execution and damages to the victim B.________. A.________ appealed to the Federal Court, alleging among other things a violation of his right to be heard as well as the bias of the judges of the first instance and their arbitrariness in the evaluation of evidence.
Full summary of the judgment can be found on the portal.
5A_104/2025: Decision on Custody Arrangements for a Child of Unmarried Parents
Summary of the Facts
The appellant and the respondent, both separated, share parental custody of their daughter C.________. There is a guardianship. Originally, alternating custody was agreed upon with residence at the mother’s place. Due to repeated incidents of domestic violence in the mother’s environment, the father requested sole custody. The KESB Emmental decided to grant sole custody to the father, and the Cantonal Court of Bern confirmed this decision upon appeal. The appellant requested the Federal Court to overturn this decision and restore alternating custody.
Full summary of the judgment can be found on the portal.
7B_1300/2024: Decision Regarding the Refusal of Restoration of Deadline for Objection Against a Penalty Order
Summary of the Facts
A.________ was fined 200 CHF by the public prosecutor of Neuchâtel after a traffic accident through a penalty order. The delivery of the penalty order took place on June 27, 2023. A.________ filed a late objection with a letter dated July 30, 2023, as he only became aware of the accident report on July 28, 2023, and his lawyer had previously advised him to refrain from making an objection. The public prosecutor refused a restoration of the objection deadline according to Art. 94 StPO. The cantonal complaint against this decision was dismissed.
Full summary of the judgment can be found on the portal.
1C_78/2025: Judgment on the Appeal of the Head of the Department of Building Männedorf Regarding Replacement Enforcement
Summary of the Facts
The judgment concerns a dispute over replacement enforcement following a fire at a property. The owner A.________ of the parcel in Männedorf opposed official orders that provided for the demolition of the damaged building without prior warning of replacement enforcement. After the order of the Head of the Department of Building Männedorf was partially lifted, the Administrative Court dismissed the appeal from the Head of the Department and declared the demolition unlawful due to the lack of prior deadline setting and warning of replacement enforcement.
Full summary of the judgment can be found on the portal.
7B_1405/2024: Decision on the Maintenance of an International Arrest Warrant
Summary of the Facts
The appellant A.________ fought against the maintenance of an international arrest warrant and the corresponding RIPOL and SIS-Schengen signals issued by the public prosecutor of the Canton of Neuchâtel. The background of the proceedings was a criminal investigation involving kidnapping and other offenses against A.________ and two accomplices. The case involved both international proceedings and domestic legal disputes, particularly regarding the alleged illegal removal and potential violent return of two children in dispute between the parents.
Full summary of the judgment can be found on the portal.
9C_324/2025: Decision on the Admissibility of an Appeal in the Area of Disability Insurance
Summary of the Facts
A.________ filed an appeal on June 3, 2025, against the judgment of the Insurance Court of the Canton of Ticino dated May 5, 2025, which confirmed the rejection of a disability pension by the cantonal office for disability insurance. After medical assessments, A.________'s ability to work was only temporarily limited, and thus the requirements for a disability pension according to Art. 28 para. 1 LAI were not met.
Full summary of the judgment can be found on the portal.
5A_634/2025: Judgment on the Non-Admissibility of an Appeal Regarding Attachment
Summary of the Facts
The appellant, A.________, objected to an attachment order dated June 2, 2025, initially filing an appeal at the District Court of Winterthur, which was dismissed on July 7, 2025. His subsequent appeal to the Cantonal Court of Zurich was not addressed on July 29, 2025, due to insufficient reasoning and lack of application. He then filed an appeal in civil matters or, if applicable, a constitutional appeal with the Federal Court on August 8, 2025.
Full summary of the judgment can be found on the portal.
5D_63/2024: Judgment on Right of Way and Its Interpretation
Summary of the Facts
The Federal Court had to decide in a case where A.________ AG, as the appellant, contested the decision of the Appeal Court of the Canton of Basel-Stadt. The core of the dispute was the interpretation of a right of way, particularly whether the easement allowed access to the appellant's property via an exit with barriers. The Appeal Court overturned the first-instance decision and dismissed the appellant's claim, which was confirmed by the Federal Court.
Full summary of the judgment can be found on the portal.
5A_200/2025: Decision on the Question of Admissibility in a Procedure Concerning a Loss Certificate
Summary of the Facts
A.________ received a loss certificate from the bankruptcy office Oberwinterthur-Winterthur in the bankruptcy proceedings concerning B.________ AG. After the deletion of B.________ AG from the commercial register, A.________ unsuccessfully requested comprehensive access to the files and the cancellation of the loss certificate from the District Court. The Cantonal Court of Zurich dismissed the appeal against the decision of non-admittance of the District Court. Before the Federal Court, A.________ demands the cancellation of the cantonal court’s decision and the referral for substantive assessment, or alternatively, a direct decision by the Federal Court.
Full summary of the judgment can be found on the portal.
5A_619/2025: Non-Admissibility of the Appeal
Summary of the Facts
This concerns a report by the guardian regarding the guardianship according to Art. 308 para. 1 and 2 ZGB for a child living with the mother. The father opposed the approval of the report by the KESB, whereby several of his concerns exceeded the subject of contestation (e.g., changes in custody, accusations against institutions). The lower court (Cantonal Court of Zurich) partially dismissed the appeal and rejected it in other respects.
Full summary of the judgment can be found on the portal.
5A_582/2025: Judgment on the Restoration of the Legal Contestation Deadline in a Collection Procedure
Summary of the Facts
The appellant requested the restoration of the legal contestation deadline in a collection procedure, as the payment order was delivered to his ill wife and was only discovered by him later. The Cantonal Court of Bern dismissed the request, as the circumstances were not sufficiently substantiated.
Full summary of the judgment can be found on the portal.
9C_331/2025: Collection of Decisions on the Admissibility of an Appeal in Tax Law
Summary of the Facts
The appellant inherited an estate in 2020 and was required by the tax authority of the Canton of Ticino to pay inheritance taxes. After several rejections of her requests for tax relief, the appellant finally appealed to the Federal Court. She requested the cancellation of the cantonal decisions and the waiver of the tax as well as the interest. The Federal Court examined the admissibility of the appeal.
Full summary of the judgment can be found on the portal.
7B_753/2023: Decision on the Non-Admittance of a Criminal Complaint Regarding Alleged Assaults
Summary of the Facts
The appellant A.________ filed a criminal complaint against B.________ on December 20, 2022. She accuses him of having inflicted "two blows to the stomach" during a baptism on September 24, 2022. However, B.________ denied having acted with violence and stated that he merely "pushed her away." The public prosecutor did not pursue the criminal complaint on May 23, 2023, and the appeal before the cantonal instance was also dismissed.
Full summary of the judgment can be found on the portal.
7B_729/2025: Decision on the Extension of Pre-Trial Detention Due to Risk of Collusion
Summary of the Facts
A.________ is accused of a qualified violation of the narcotics law. He is alleged to have organized the sale of two kilograms of cocaine. A.________ has been in pre-trial detention since December 14, 2024, which has been extended multiple times. The latest extension until September 12, 2025, was confirmed by the coercive measures court and the Cantonal Court of Aargau. A.________ requested his release from detention or alternatively replacement measures (including a security deposit). He filed an appeal with the Federal Court.
Full summary of the judgment can be found on the portal.
5A_525/2025: Non-Admissibility of the Appeal Against Interim Decision on Collections and Delay of Justice
Summary of the Facts
The appellant filed an appeal against payment orders from the Zurich 7 collection office due to doubts about the legitimacy of the creditor representative. Furthermore, she complained about delays in justice by the District Court and requested a report to the legal supervision. The Cantonal Court dismissed her appeals as far as it admitted them. Before the Federal Court, the appellant repeated her arguments without meeting the requirements for a substantiated appeal.
Full summary of the judgment can be found on the portal.
5A_503/2024: Maintenance Arrangement in the Context of Precautionary Measures in Divorce
Summary of the Facts
A.________ and B.________, married since 2007 with two children, have lived apart since 2020. In connection with the pending divorce, A.________ requested precautionary measures. The District Court Hinwil decided on issues including maintenance payments and the allocation of residence. After an appeal by B.________ and a counter-request from A.________, the Cantonal Court of Zurich reduced the maintenance payments. A.________ then appealed to the Federal Court.
Full summary of the judgment can be found on the portal.
1C_157/2025: Building Permit for the New Construction of a Multi-Family House
Summary of the Facts
The D.________ GmbH planned the construction of a multi-family house with an underground garage in Beckenried. After the building permit was granted, the neighboring property owners B.A.________ and C.A.________ raised objections regarding the exceedance of the building ratio and lack of traffic safety. After unsuccessful complaints to the government and administrative court, they approached the Federal Court to annul the building permit and the decision of the lower court.
Full summary of the judgment can be found on the portal.
1C_618/2024: Decision on the Question of Party Compensation and Dismissal of a Procedure
Summary of the Facts
The proceedings concern the exhaust air cleaning system of the agricultural business of A.________. After the Department of Environment and Energy of the Canton of Lucerne ordered an emissions measurement, the decision was overturned due to the non-commissioning of the new system, and the proceedings were dismissed by the Cantonal Court of Lucerne. In the Federal Court proceedings, the appellant contested the approach and the amount of the awarded party compensation.
Full summary of the judgment can be found on the portal.
2C_211/2025: Judgment in Connection with the Extension of Removal Detention
Summary of the Facts
The Iraqi national A.________ was recognized as a refugee, but his asylum was revoked due to a conviction for involvement in the activities of the "Islamic State." After the rejection of his provisional admission, the authorities initially ordered his removal detention, which was later extended. The Cantonal Court of Schaffhausen annulled the extension of this detention and ordered his release. The State Secretariat for Migration filed a complaint with the Federal Court requesting confirmation of the detention extension.
Full summary of the judgment can be found on the portal.
5A_516/2025: Judgment on the Suspension of Visiting Rights
Summary of the Facts
The parties are the separated parents of a common child. After several unsuccessful attempts to regulate visiting rights, the KESB suspended the father's contacts with the child on the recommendation of the guardian. Subsequently, the father filed several complaints, including a demand for sole custody and accusations against the KESB and the mother regarding abuse. The lower courts partially did not address the complaints or dismissed them.