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 Lexplorer portal. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
4A_618/2024: Decision on abusive dismissal and compensation payments
Summary of the Facts
The judgment deals with a labor law dispute between A.________ (complainant) and B.________ SA (respondent) regarding an allegedly abusive dismissal and other compensation payments. The complainant asserted that the dismissal should be classified as abusive and that further payments due to him were not made.
Summary of the Considerations
- **E.1:** The complainant filed a permissible complaint, which was submitted in due form and within the deadline. However, the Federal Court only examines those complaints that are clearly presented. - **E.2.1 - E.2.2:** The Federal Court reminds that complaints in civil matters are primarily admissible for violations of federal law. The factual findings of the lower court are binding on the Federal Court unless those findings are obviously untenable (arbitrary). - **E.3.1 - E.3.6:** Regarding the assertion of an abusive dismissal (Art. 336b OR), the Federal Court found that the complainant had not submitted a valid objection against the employment relationship. In particular, it interpreted the complainant's actions, such as entering into a new employment contract during the ongoing litigation, as an indication that he did not want to continue the employment relationship with the respondent. The lower court rightly concluded that the complainant did not show a genuine intention to continue the employment relationship. - **E.4.1 - E.4.4:** Concerning allegedly outstanding compensations, the Federal Court found that the corresponding payments by the respondent should be considered as advances according to the lower court, and there were no indications for a different conclusion. The arguments of the complainant were deemed unconvincing here.
Summary of the Dispositive
The complaint is rejected, and the court costs as well as a party compensation are imposed on the complainant.
8C_423/2025: Inadmissibility of the Complaint
Summary of the Facts
A.________ injured his right wrist on August 29, 2023. The Swiss Accident Insurance Institute (CNA) provided benefits but discontinued them effective July 1, 2024, as there was no longer a causal connection between the remaining complaints and the accident. The cantonal court of the Vaud canton dismissed the complaint filed thereafter with a decision dated May 1, 2025, to the extent it accepted it. A.________ then appealed to the Federal Court.
Summary of the Considerations
- **E.1:** According to Art. 108 para. 1 lit. b BGG, the complaint can be declared inadmissible in a simplified procedure if the reasoning is obviously insufficient.
- **E.1.2:** According to Art. 42 BGG, the complaint must specifically name the requested changes and clearly explain how the contested judgment is legally flawed.
- **E.2.1:** The cantonal court relied on an expert opinion from a CNA physician, which stated that the consequences of the accident were only acute and temporary. It rejected the request for another medical expert opinion, as it deemed the evidence sufficient.
- **E.2.2:** The complaint to the Federal Court did not contain sufficient criticism of the court's considerations. The complainant did not adequately explain why an additional medical examination would have been necessary.
- **E.2.3:** The complaint does not meet the legal justification requirements and is therefore inadmissible.
- **E.3:** In light of the circumstances, the collection of court costs is waived.
Summary of the Dispositive
The complaint was declared inadmissible, and no court costs were imposed.
9C_120/2025: Interim Decision on Progress Review in the Context of Disability Insurance
Summary of the Facts
The insured A.________ filed a complaint against the interim decision of the IV office of the canton of St. Gallen, which ordered a multidisciplinary progress review by the ABI Medical Assessment Institute GmbH. She argued that she had negative experiences during the last assessment by the ABI and that a renewed assessment by this body was unreasonable. Her submissions included possible re-traumatizations, allegations of bias, and the unreasonableness of the assessment.
Summary of the Considerations
- **E.1**: The Federal Court examines the conditions for admissibility ex officio. Newly submitted documents and evidence which represent genuine novelties are not admissible. - **E.2**: The complaint is directed against an interim decision. The requirements for taking up interim decisions (Art. 92 f. BGG), particularly the presence of an irreparable legal disadvantage, are not met. - **E.3**: The alleged re-traumatization is of a medical nature and not a legal question. The question of whether an assessment is permissible falls within the competence of medical professionals. - **E.4**: The allegations of bias against the ABI assessors, particularly due to the wording in the initial report, were deemed unfounded by the Federal Court. The medical terminology used, such as "grotesquely appearing position," was objectively descriptive and not derogatory. The lower court correctly established that there were no objective signs of bias. - **E.5**: The right to be heard was not violated by the IV office, and the order for assessment remains lawful.
Summary of the Dispositive
The complaint is rejected, and the court costs are imposed on the complainant.
8C_374/2025: Decision on the Admissibility of a Complaint Regarding Supplementary Benefits for AHV/IV
Summary of the Facts
The mother of the complainants filed a complaint against a cantonal decision on supplementary benefits before the Federal Court on May 3, 2025. However, she failed to submit the contested judgment in a timely manner, despite being requested to do so.
Complete summary of the judgment can be found in the portal.