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 disposals. For the subsequent 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.
5A_392/2025: Judgment on the Refusal of an Advance on Legal Costs in a Divorce Proceeding
Summary of the Facts
A.A.________ and B.A.________ have been in divorce proceedings before the District Court of Zurich since 2023. The husband requested an advance on legal costs from the wife in the amount of CHF 10,000.-- or the granting of legal aid. The District Court of Zurich granted the husband's request. However, the Cantonal Court of Zurich overturned this decision and rejected both requests. The husband appealed this decision to the Federal Court.
Summary of the Considerations
- **E.1:** The appeal is deemed timely and properly submitted. The question of whether the contested decision qualifies as a final or interim decision and whether the appeal or the subsidiary constitutional complaint is admissible remains open, as the legal remedy will be rejected anyway. - **E.2:** The Federal Court examines the grievances of the appellant regarding alleged legal violations freely, but only formally substantiated objections. New facts and evidence that were not already presented before the lower instance may only be considered if specific conditions are met. Newly submitted evidence for legal aid for the proceedings before the Federal Court will not be taken into account. - **E.3:** The lower instance rejected the request for an advance on legal costs, as the appellant was not considered needy. With his net surplus, he is able to cover the legal costs within two years. Additionally, the lower instance pointed to the assets of the appellant. - **E.4:** The appellant raised general criticism regarding the non-consideration of his debts. However, the lower instance explained in detail why these debts could not be attributed to the necessary living expenses or are not regularly paid off. The Federal Court shared this view. - **E.5:** The lower instance estimated the expected legal costs at CHF 10,000.--, based on the requests and findings presented. However, the appellant was unable to present any concrete counterarguments or substantiate higher costs.
Summary of the Disposal
The appeal and the request for legal aid are dismissed; the appellant bears the costs.
7B_72/2025: Decision on the Recusal of Members of the I. Criminal Chamber of the Cantonal Court of Zurich
Summary of the Facts
The appellant A.________ filed a recusal request against all members of the I. Criminal Chamber of the Cantonal Court of Zurich after they dismissed her appeal against an earlier decision of the III. Criminal Chamber. The recusal request was not addressed by the II. Criminal Chamber of the Cantonal Court of Zurich but dismissed as unfounded. A.________ then appealed to the Federal Court in criminal matters and filed a subsidiary constitutional complaint.
Summary of the Considerations
**E.1**: The Federal Court examines the admissibility of the appeal and finds that the appeal in criminal matters against the cantonal final interim decision is admissible. However, the subsidiary constitutional complaint is inadmissible. It is also stated that requests and grievances outside the subject matter cannot be considered. **E.2**: The appeal does not meet the legal requirements for justification according to Art. 42 para. 2 BGG and Art. 106 para. 2 BGG, as the appellant only comments on the facts and the legal situation in an appellate manner without adequately addressing the considerations of the lower instance. **E.3**: The allegations of bias against the judges of the I. Criminal Chamber of the Cantonal Court of Zurich are examined. According to established case law, recusal is based on Art. 56 lit. f StPO and is only justified in cases of particularly serious procedural errors. The referral of an appeal to the Federal Court instead of its opening by the I. Criminal Chamber does not constitute such an error. Other grievances of the appellant, such as alleged deficiencies in documentation or agreements between courts, are also deemed unfounded and querulous. **E.4**: The other procedural requests of the appellant are declared moot.
Summary of the Disposal
The appeal is dismissed, and the subsidiary constitutional complaint is not admitted.
5A_303/2025: Proceedings Regarding Enforcement in Realization of a Pledge
Summary of the Facts
The B.________ SA initiated debt collection proceedings for the enforcement of a pledge (painting) against the debtor C.________ to collect a claim of CHF 702,445.–. After C.________'s death and additions by his son, A.________, the painting was auctioned on March 11, 2025, and awarded to the estimated creditor, B.________ SA. A.________ filed several appeals to contest the auction, object to the proceedings, and obtain access to the files, but these were dismissed or declared inadmissible by the lower instance.
Summary of the Considerations
- **E.1.** The appeal is admissible, timely submitted, and meets the basic requirements according to the Federal Court Act (Art. 72 et seq. BGG). - **E.2.1** The lower instance noted that A.________ lost his standing due to delayed action regarding the enforcement proceedings and contradictory and implausible legal assertions (ownership of the painting). Furthermore, he was not properly involved in the inheritance of the debtor; subsequent steps were deemed abusive. - **E.2.2** The lower instance dismissed the appeals due to lack of evidence for the ownership claims and other procedural errors. The Federal Court considered the lower instance's reasons as independently sufficient to support the decisions. - **E.2.3** Access to the files was denied on the grounds that the appellant did not plausibly demonstrate the necessary standing or a protectable interest. - **E.3** It was determined that no material legal errors or procedural violations occurred by the lower instance.
Summary of the Disposal
The appeal was declared inadmissible, the request for legal aid was denied, and court costs were imposed.
8C_154/2025: Decision on Invalidity Pension and Compensation for Integrity Violation
Summary of the Facts
The appellant, A.________, sustained severe hand injuries in an accident on January 5, 2021, including an amputation and surgeries on several fingers. He was insured with the Caisse nationale suisse d'assurance en cas d'accidents (CNA). After his recovery, the appellant fully resumed his role as head of sector. However, the CNA denied the claim for an invalidity pension, as the disability was below the relevant threshold of 10%. Instead, it awarded him compensation for integrity violations amounting to 10%. The appeal against this decision was dismissed by the cantonal court.
Complete summary of the judgment can be found in the Portal.
5A_375/2025: Judgment on the Cancellation of Bankruptcy Proceedings
Summary of the Facts
The A.________ AG in liquidation was declared bankrupt by the Cantonal Court of Zug on February 25, 2025, at the request of B.________ AG, as it had not fully settled the owed claim including costs and interest in a timely manner. An appeal against this was dismissed by the Cantonal Court of Zug on April 15, 2025. The appellant, supported by newly submitted payment receipts, appealed to the Federal Court in civil matters and requested the cancellation of the bankruptcy proceedings.
Complete summary of the judgment can be found in the Portal.
7B_719/2025: Decision on the Admissibility of an Appeal Concerning Delays in Justice, Denial of Justice, and Recusal
Summary of the Facts
A.________, as a private complainant in a criminal investigation, filed an appeal with the Cantonal Court of Zurich alleging delays in justice and denial of justice, as well as a recusal application against the public prosecutor. The Cantonal Court set a deadline for him to provide a process deposit of CHF 1,800.-- and decided that the recusal request would be processed without a process deposit. A.________ then appealed to the Federal Court and filed a request for legal aid.
Complete summary of the judgment can be found in the Portal.
9F_15/2025: Judgment on the Revision of a Federal Court Judgment
Summary of the Facts
The applicant requested the revision of a Federal Court judgment (9D_7/2025), which had not been considered in his appeal. He cited procedural defects and violations of his rights but did not name any legal grounds for revision according to Art. 121 et seq. BGG.
Complete summary of the judgment can be found in the Portal.
7B_929/2023: Decision Discussion Regarding Non-Admittance of a Request for Unsealing in Criminal Proceedings
Summary of the Facts
The Public Prosecutor's Office of St. Gallen is conducting a criminal investigation against lawyer A.________ for embezzlement, fraud, and threats (possibly coercion). In this context, various bank documents were disclosed under a confidentiality order. A.________ requested the sealing of the documents, but the Cantonal Court for Coercive Measures in St. Gallen did not admit the Public Prosecutor's request for unsealing and ordered the release of the documents for inspection.
Complete summary of the judgment can be found in the Portal.
2C_281/2025: Decision on a Disciplinary Measure and Cost Consequences
Summary of the Facts
A.________, a lawyer licensed in the EU/EFTA and Portugal, was subjected to a disciplinary measure (warning) by the Commission of the Geneva Bar Association for violation of the duty of care. The Federal Court had referred the case back on November 6, 2024, to inform the Portuguese authority and allow it to respond. After this referral, the Geneva Court of Justice established a cost decision in favor of A.________, which he later contested again. The Federal Court is now addressing the question of the admissibility of a legal remedy against this cost decision.
Complete summary of the judgment can be found in the Portal.
8C_60/2025: Decision of the Federal Court Regarding Insurance Coverage and Causality in Accident Consequences
Summary of the Facts
An insured person who was injured in a fall from a ladder disputed with his accident insurance regarding whether the ongoing complaints in his left knee could still be causally attributed to the accident event and therefore be covered by insurance. The lower instances had conducted an additional medical assessment, which led to divergent evaluations.
Complete summary of the judgment can be found in the Portal.
1C_439/2025: Appeal Regarding the Election of the Municipal Council of Vernier
Summary of the Facts
Thierry Cerutti, a citizen of Vernier, appealed against the results of the municipal council election on March 23, 2025, confirmed by the Geneva Cantonal Council on March 26, 2025, at the Constitutional Court of the Geneva Court. This court annulled the election as well as the corresponding decision of the Cantonal Council and ordered a new election. Later, the chamber found that Cerutti's appeal had become moot and removed the case from the register. Cerutti then turned to the Federal Court demanding the annulment of the decisions of the Cantonal Council and the Constitutional Court, but the Federal Court declared his appeal as late.
Complete summary of the judgment can be found in the Portal.
4D_150/2025: Judgment on the Question of Current Interest in Challenging a Deportation Decision
Summary of the Facts
The appellant was ordered by the judgment of the president of the district court of Bucheggberg-Wasseramt on June 12, 2025, to vacate a rental apartment by July 17, 2025. After the enforcement, she appealed against the decision of the Cantonal Court of Solothurn from August 5, 2025, which had not admitted her earlier appeal due to unpaid process deposit. The appeal to the Federal Court concerns this decision.
Complete summary of the judgment can be found in the Portal.
8C_100/2025: Coverage of Radio and Television Fees as Part of Social Assistance
Summary of the Facts
The appellant, a Ukrainian national with her son, who have been living in Switzerland with an S permit since 2022, requested the Hospice général in Geneva to cover the radio and television fee of CHF 335 as well as a French course. The requests were denied on the grounds that neither cantonal guidelines nor legal provisions provide for such support. After the rejection of the cantonal appeal, she filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_442/2024: Decision on the Non-Renewal of a Residence Permit after Dissolution of the Marriage Community
Summary of the Facts
The Ecuadorian national A.A.________ and her son B.A.________ appealed to the Federal Court after the cantonal authorities rejected their application for the extension of their residence permit. The rejection was based on the dissolution of the marriage community between A.A.________ and her Spanish husband, who has the right to settle in Switzerland. The appellants argued that important personal reasons according to Art. 50 para. 1 lit. b AIG justify a further stay.
Complete summary of the judgment can be found in the Portal.
7B_31/2025: Decision on the Unsealing of Mobile Phones in the Context of a Drug Offense Criminal Procedure
Summary of the Facts
In this case, the Public Prosecutor's Office of Winterthur/Unterland requested the unsealing and search of the appellant's mobile phones, which were secured in the context of a criminal investigation due to suspicion of a crime against the drug law. The appellant demanded that certain personal and intimate contents not be searched and requested the dismissal of the unsealing or, alternatively, a judicial triage. The Federal Court examined the admissibility of the appeal but did not admit it.
Complete summary of the judgment can be found in the Portal.
2C_489/2024: Decision on the Extension of a Residence Permit and the Deportation Decision
Summary of the Facts
The Cameroonian national A.________ applied for the extension of her residence permit, which had been issued after her entry due to her marriage to a Swiss citizen and had been extended several times. After the separation and the subsequent divorce decree, the competent cantonal office and the State Secretariat for Migration denied the extension of the permit; the Federal Administrative Court confirmed these decisions. It is disputed whether a right of continuation can be derived from Art. 50 para. 1 lit. b aLEI (personal reasons) or from Art. 8 ECHR.
Complete summary of the judgment can be found in the Portal.
2C_253/2025: Exclusion from Public Markets Due to Violations of Labor Law
Summary of the Facts
The A.________ SA, a company based in the Canton of Geneva, was excluded from public tenders at the municipal, cantonal, and federal levels for a period of twelve months because its president and legal representative, B.________, had suffered two final convictions for employing 14 people without work permits. These violations lasted cumulatively over seven years. The Cantonal Court dismissed the company's appeal against this decision and deemed the measures lawful and proportionate.
Complete summary of the judgment can be found in the Portal.
7B_307/2025: Inadmissibility of the Appeal and Denial of Legal Aid
Summary of the Facts
The Federal Court assesses the appeal of two private individuals (A.A.________ and B.A.________) against a non-admittance order of the investigation office in the Canton of Vaud and the denial of their request for legal aid and their application for the recusal of the public prosecutor. The lower instances rejected the appeal, stating that it was obviously hopeless. The dispute included allegations such as defamation, slander, and abuse of trust.
Complete summary of the judgment can be found in the Portal.
6B_231/2025: Criminal Liability for Attempted Murder and Regarding the Order for Deportation
Summary of the Facts
A.________, a Moroccan national with an expired B permit, was sentenced by the cantonal courts to five years of imprisonment and a fine for attempted murder, simple bodily injury, and violation of the drug law. Additionally, his deportation was ordered for a period of seven years and a SIS notification. The incident occurred during a physical altercation in which A.________ inflicted a stab wound on his opponent B.________. A.________ appealed to the Federal Court demanding a lighter sentence, a reduction of civil compensation amounts, and the waiver of deportation and the SIS notification.
Complete summary of the judgment can be found in the Portal.
1C_169/2025: Building Permit for Retaining Wall
Summary of the Facts
The builders C.C. and D.C. plan to build a retaining wall to stabilize a slope on their property terrace, which is contested by the neighbors A.A. and B.A. The neighbors argue that the project is unnecessary and serves other purposes than the claimed slope stabilization. They also criticized the actual dimensions of the construction project and possible risks such as water infiltration and dangerous loads from the weight of the structure.
Complete summary of the judgment can be found in the Portal.
7B_382/2025: Objection Against the Non-Admittance of a Criminal Procedure
Summary of the Facts
The Cantonal Public Prosecutor's Office for Special Tasks of the Canton of Bern ordered on February 25, 2025, the non-admittance of a criminal procedure initiated by A.________ against judge B.________ for various offenses (including abuse of office, defamation, false accusation, and assault). The Cantonal Court of Bern dismissed the appeal filed by A.________ against this on March 28, 2025. A.________ then filed an appeal with the Federal Court on April 29, 2025.
Complete summary of the judgment can be found in the Portal.
6B_448/2025: Judgment on the Order for Inpatient Therapeutic Measures According to Art. 59 StGB
Summary of the Facts
A.________ committed several criminal acts in a state of non-responsibility on June 28, 2022. He damaged vehicles and threatened individuals, including with an axe and a switchblade. After ignoring police orders, he was subdued using a taser. The lower instances established the non-responsibility and ordered inpatient therapeutic treatment based on a diagnosed schizophrenia.
Complete summary of the judgment can be found in the Portal.
2C_161/2025: Decision Regarding the Downgrading of a Residence Permit
Summary of the Facts
A.________, a Moroccan national, had been residing in Switzerland since 2001 and held a residence permit that had been extended multiple times. Due to numerous criminal convictions and extensive misconduct from his youth into adulthood, the cantonal authorities issued two warnings. Despite a criminal record, A.________ was ultimately granted only a one-year residence permit, under the condition of not incurring new criminal convictions. The dispute concerns the downgrade from a residence to a temporary permit.
Complete summary of the judgment can be found in the Portal.
7B_172/2025: Rejection of a Request for the Removal of Premier Prosecutor Yves Bertossa
Summary of the Facts
A.A.________ and B.________ Inc. requested the removal of Premier Prosecutor Yves Bertossa in a complex case with multiple connected criminal proceedings, particularly concerning alleged fraud, money laundering, and false documents. The allegations repeatedly concerned the prosecutor's handling of instructions from appeal instances and alleged bias in favor of G.________ AG, the legal successor of D.________ AG.
Complete summary of the judgment can be found in the Portal.
6B_1184/2023: Decision on Challenging a Conviction for Document Forgery and Clarification of Cost Consequences
Summary of the Facts
The appellant A.________ was convicted by the Cantonal Court of Solothurn for forgery of documents in connection with a counterfeit Chinese identity card, receiving a conditionally enforceable fine of 30 daily rates of CHF 10.–. The first instance had acquitted him and awarded him party costs. The Cantonal Court also found a violation of the acceleration requirement but denied further compensation for the first-instance proceedings. A.________ appealed against the judgment to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_135/2025: Decision Regarding the Dispute over the Non-Admittance Decision on Rejection Requests in the Context of Criminal Enforcement
Summary of the Facts
The appellant A.________ was definitively sentenced to five years of imprisonment for sexual offenses and later to an inpatient therapeutic measure. Subsequently, the competent cantonal office (OSAMA) ordered further measures, including relocation to various facilities. In September 2024, the appellant filed a comprehensive rejection request against the head of OSAMA and his employees. The single judge of the lower instance did not admit the request, as no specific procedural activity of OSAMA towards the appellant was evident.
Complete summary of the judgment can be found in the Portal.
5A_579/2025: Decision on the Rejection of an Appeal Regarding a Rejection Request in a Divorce Proceeding
Summary of the Facts
In a divorce proceeding before the president of the court of Mendrisio Nord, which also concerns the parental custody of children C.________ and D.________, the husband A.________ requested the rejection of the responsible court president on March 15, 2025. This request was rejected by the president of the court of Mendrisio Süd on April 10, 2025. An appeal against this before the I. Civil Chamber of the Cantonal Court of Ticino was also dismissed on June 12, 2025. A.________ then filed an appeal on July 16, 2025, with the Federal Court requesting the annulment of the cantonal decision and the referral of the case to a neutral and impartial court.
Complete summary of the judgment can be found in the Portal.