Latest Judgments of the Federal Court
Here you will find the latest judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with 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 you will receive the latest judgments tailored to your areas of law.
6B_643/2024: Inadmissibility of the Complaint
Summary of the Facts
A.________ was acquitted by the Criminal Court of the Republic and the Canton of Geneva for instigating a violation of official secrecy. The Criminal Court also acquitted B.________ of the violation of official secrecy. After an appeal by the Geneva public prosecutor, the Cantonal Court found A.________ guilty of having instigated B.________ to disclose confidential information about administered persons and procedures of the Geneva Office for Population and Migration. A.________ was sentenced to a fine of 90 daily rates of 80 CHF, partially counting the pre-trial detention and with a three-year conditional sentence suspension.
Summary of the Considerations
The accused raised violations of the principle of accusation and his right to a hearing. The Federal Court decided that the indictment sufficiently presented the relevant facts and the alleged misconduct, allowing the accused to prepare his defense. A.________ denied the intentional instigation of the violation of official secrecy. The Federal Court found that the accused had repeatedly requested specific information, which directly led to the disclosures by B.________. It was determined that A.________ acted at least knowingly and willfully, accepting possible illegal actions by B.________. The accused's claim that he acted in good faith was dismissed. The court found no basis for an excuse based on an alleged mistake regarding the legality of his actions. The Federal Court rejected the accused's claims for damages and compensation, as they were based on his acquittal, which the court did not grant.
Summary of the Dispositive
The complaint was dismissed, and the court costs were imposed on A.________.
5A_689/2025: Judgment on the Complaint Against Payment Orders and Garnishment Notification
Summary of the Facts
The complainant filed a complaint against payment orders and a garnishment notification from the Elgg debt collection office first before the District Court of Winterthur, later before the Cantonal Court of Zurich, which dismissed the complaint to the extent it was considered. The complainant then approached the Federal Court, which examined her submission and decided not to admit the obviously inadmissible and inadequately substantiated complaint.
Summary of the Considerations
The procedure began with a complaint before the District Court of Winterthur, which dismissed the complainant's submission on April 15, 2025. The subsequent complaint to the Cantonal Court of Zurich was also unsuccessful. The Federal Court clarified principles regarding the proper substantiation of a complaint according to Art. 42 Abs. 2 BGG. The complaint must indicate which legal norms were violated. The complainant requested an oral hearing and the correction of the party designation without providing conclusive legal grounds. The Federal Court explained that, as a rule, no oral hearing is provided in federal court proceedings (Art. 57 BGG). The complainant's submissions regarding signature regulations, name spelling, and party status were deemed unfounded and irrelevant. The personal views of the complainant were legally irrelevant, and her arguments did not meet the requirements for a substantive engagement with the considerations of the lower court. The complaint was deemed obviously inadmissible, and the Federal Court therefore decided not to admit it.
Summary of the Dispositive
The complaint is not upheld, the request for free legal aid is dismissed, and court costs are imposed.
1C_341/2024: Judgment Regarding Building Permit for Mobile Communication Facility in Grenchen
Summary of the Facts
The C.________ AG applied on April 4, 2022, to the Building Directorate of the City of Grenchen for the construction of a mobile communication facility. The building permit was granted on August 22, 2022, by the Building, Planning, and Environmental Commission of Grenchen with conditions and requirements, rejecting objections. A.________ and B.________ subsequently filed complaints with the Building and Justice Department of the Canton of Solothurn (BJD) and the Administrative Court of the Canton of Solothurn. The Administrative Court only partially upheld the complaint regarding the cost consequences and dismissed it in other respects. Subsequently, A.________ and B.________ brought a complaint in public law to the Federal Court, in which they claimed, among other things, the annulment of the decisions and the unconstitutionality of a regulatory point in the NISV.
Summary of the Considerations
**E.1**: The Federal Court examines the prerequisites for the merits of the case and recognizes its jurisdiction. It does not admit the complaint from A.________ because he resides outside the objection perimeter and could not demonstrate any protected interests. The complaint from B.________ is admissible. **E.2**: The objections of the complainant against the correction factor for adaptive antennas according to NISV are dismissed as unfounded. The Federal Court refers to its previous case law, which considers the correction factor to be compatible with the precautionary principle. **E.3**: The complainant's criticism that the most burdened location is not correctly defined is partially upheld. The roof, which is occasionally accessed by maintenance personnel, is recognized as a location of short-term stay (OKA). It is required that additional warning signs be placed and that a possibility for temporary shutdown of the facility be created for the personnel.
Summary of the Dispositive
The complaint was partially upheld, the judgment of the Administrative Court was annulled, and the matter was referred back to the lower court with conditions. Court costs were imposed and compensation was determined.
9C_515/2024: Decision on the Assessment of State and Municipal Taxes as well as Direct Federal Tax of A.________ AG for the Tax Period 2021
Summary of the Facts
The judgment addresses the assessment of state and municipal taxes of the Canton of Solothurn as well as the direct federal tax of A.________ AG for the tax period 2021. Points of contention include the offsetting of a rental value for leasing an apartment to a shareholder, the question of the appropriateness of the settlement of services between the taxpayer and a joint venture company (F.________ AG), and the granting of the so-called participation deduction for income tax.
The complete summary of the judgment can be found in the Portal.
2C_368/2023: Decision on the Imposition of a Professional Ban Due to Regulatory Violations
Summary of the Facts
A.________, former CEO of B.________ Ltd. in Singapore and member of the management of the parent company B.________ SA in Switzerland, was imposed a four-year professional ban by the Federal Financial Market Supervisory Authority (FINMA) for serious violations of regulatory duties. The case involves business transactions in the corruption environment of the Malaysian sovereign wealth fund 1MDB. The Federal Administrative Court confirmed FINMA’s order, after which A.________ appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_624/2025: Decision Regarding Suspensive Effect in Connection with Parental Custody and Visitation Rights
Summary of the Facts
A.________ and B.________, both Spanish nationals, are the parents of two children (born in 2018 and 2020). After their separation at the end of 2020, conflicts between the parents escalated, with mutual accusations of physical and psychological violence and numerous criminal complaints straining the relationship. The situation was assessed by the Tribunal de protection de l’adulte et de l’enfant (TPAE), which imposed curatorial supervision and monitoring of parental contacts. The children had previously lived with the mother, who repeatedly thwarted the father's visitation rights, exacerbating the conflict. An order from June 20, 2025, by the cantonal court awarded parental custody of the children to the father and restricted the mother's visitation rights. A.________ then appealed and requested suspensive effect, which was denied by the cantonal authority. A complaint was filed with the Federal Court against this decision.
The complete summary of the judgment can be found in the Portal.
2F_7/2025: Judgment on Revision Request in Connection with State Liability
Summary of the Facts
The applicant A.________, a founding member and main shareholder of a bank in liquidation, sought damages and/or compensation for alleged breaches of duty by the Federal Financial Market Supervisory Authority (FINMA). After all legal remedies were exhausted and the Federal Court did not admit a complaint submitted by fax (Judgment 2C_86/2025), A.________ requested a revision of this decision. The revision request was again submitted by fax.
The complete summary of the judgment can be found in the Portal.
9C_302/2025: Decision Regarding IV Pension and Procedural Prerequisites
Summary of the Facts
A.________ applied for an indefinite full disability pension starting April 1, 2022. The responsible "Ufficio AI per gli assicurati residenti all'estero" (UAIE) had previously granted him the full pension limited to the period from November 1, 2021, to March 31, 2022. The decision was confirmed by the Federal Administrative Court on April 23, 2025. A.________ then filed a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_412/2025: Judgment in Complaint Procedure Regarding Property Violation, Coercion, and Invasion of Privacy via Surveillance Camera
Summary of the Facts
The complainant A.________ was convicted by the District Court of Siders for property violation, coercion, and invasion of privacy via surveillance camera. She had changed the lock of a door and locked it, thereby denying the respondents access to her studio. Additionally, she installed surveillance cameras without consent. The cantonal authority largely confirmed the conviction but reduced the sanction due to an excessively long duration of proceedings. A.________ subsequently appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_443/2025: Judgment on the Question of Arbitrariness and Violation of the Presumption of Innocence in a Traffic Offense
Summary of the Facts
A.________ was convicted by the District Court of Lausanne on November 15, 2024, for a violation of traffic rules (Art. 27 Abs. 1 SVG, Art. 48 Abs. 3 and Art. 48b Abs. 1 SSV) with a fine of 190 CHF. In addition, a substitute imprisonment of 2 days was ordered in case of non-payment of the fine. A.________’s appeal against this judgment was dismissed on April 8, 2025, by the Criminal Chamber of the Cantonal Court of Vaud. The core issue was a violation of the permissible parking time by more than 10 hours. A.________ requested her acquittal from the Federal Court and alternatively the referral of the case back to the lower court.
The complete summary of the judgment can be found in the Portal.
9F_14/2025: Federal Court Judgment on a Revision Request Concerning Tax Issues
Summary of the Facts
The complainant A.________ requested a revision of a Federal Court judgment from May 22, 2025 (9C_155/2025), which confirmed a previous judgment of the Cour de justice of the Republic and the Canton of Geneva from December 3, 2024. The dispute concerns the tax treatment of the complainant as a cross-border commuter in connection with his employment at a diplomatic mission in Geneva.
The complete summary of the judgment can be found in the Portal.
2C_273/2025: Decision Regarding Residence Permit and Deportation from Switzerland
Summary of the Facts
The complainant A.________, a national of U.________, received a residence permit in Switzerland in 2015 as part of family reunification through marriage to an EU/EFTA national. After the divorce in 2021 and due to various criminal convictions between 2017 and 2021, the competent authority in Geneva revoked his residence permit in February 2024, denied renewal, and ordered his deportation. The complainant requested the Federal Court to annul the decision and renew his residence permit.
The complete summary of the judgment can be found in the Portal.
4D_111/2025: Judgment on the Legal Opening Procedure and Free Legal Aid
Summary of the Facts
The complainant A.________ filed a complaint against the decision of the Cantonal Court of St. Gallen from June 20, 2025, which dismissed his complaint regarding the waiver of court costs from a legal opening procedure (to the extent it was considered). The Federal Court examined the complainant's submissions and decided not to admit the complaint in simplified proceedings due to insufficient justification. Additionally, the request for free legal aid was dismissed as the complaint was considered hopeless.
The complete summary of the judgment can be found in the Portal.
9F_28/2024: Revision of a Previous Judgment in the Area of Occupational Pension
Summary of the Facts
A.________ requested the Federal Court to revise a previous judgment concerning her claims related to occupational pension. She alleged "serious obvious errors" and "omissions" of the previous judgment and cited financial difficulties to obtain an exemption from court costs. The lower court was the Federal Court's judgment from October 9, 2024.
The complete summary of the judgment can be found in the Portal.
5A_675/2025: Payment Orders
Summary of the Facts
The complainant filed a complaint with the District Court of Winterthur against payment orders from the Elgg debt collection office in several debt collection proceedings. The District Court dismissed the complaint on July 15, 2025. The subsequent complaint to the Cantonal Court of Zurich was unsuccessful, as the court did not admit the complaint on August 7, 2025. Against this decision, she filed a complaint in civil matters with the Federal Court, also requesting precautionary measures.
The complete summary of the judgment can be found in the Portal.
6B_232/2025: Acceptance of a Benefit According to Art. 322sexies StGB
Summary of the Facts
The Federal Court had to decide on the complaint of a former inspector of the Vaud police, who was convicted of accepting a benefit according to Art. 322sexies StGB by a judgment of the lower court. The background is the conclusion of a leasing contract for a vehicle, the costs of which were borne by a businessman. The lower court assessed this as an impermissible acceptance of benefits in connection with the official activity of the complainant. The complainant denied the accusation and particularly invoked the presumption of innocence and the lack of a sufficient connection between the benefit and his official status.
The complete summary of the judgment can be found in the Portal.
4F_26/2025: Judgment Regarding Revision
Summary of the Facts
The applicant submitted a renewed revision request against a judgment of the Federal Court from May 8, 2025. This decision dismisses a previous revision of the judgment from January 30, 2025. However, the new revision request was submitted late and does not meet the justification requirements.
The complete summary of the judgment can be found in the Portal.
5A_709/2025: No Admission of a Complaint Regarding Income Garnishment Statement
Summary of the Facts
The complainant is being pursued by the Dielsdorf-Nord debt collection office for two claims. After a statement of income garnishment, he filed a complaint with the District Court of Dielsdorf, which was dismissed. A further complaint to the Cantonal Court of Zurich was declared inadmissible due to late submission (no admission). With a submission dated August 31, 2025, the complainant filed a subsidiary constitutional complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
1C_585/2023: Refusal of Authorization for Criminal Prosecution Against Members of the Cantonal Court of Zurich
Summary of the Facts
A.________ was sentenced to imprisonment and fines by a judgment of the Cantonal Court of Zurich. The Federal Court annulled part of the judgment in a previous procedure and referred the matter back to the Zurich Cantonal Court for re-evaluation. A.________ then filed criminal complaints against several members of the Cantonal Court, accusing them of having displayed criminally relevant behavior. The business management of the Cantonal Council refused to grant authorization for the criminal prosecution of the members of the Cantonal Court. A.________ contested this decision before the Federal Court through a complaint in public law and a subsidiary constitutional complaint.
The complete summary of the judgment can be found in the Portal.
9C_616/2024: Judgment on the VAT Liability of A.________ GmbH and B.________ for the Tax Periods 2015–2019
Summary of the Facts
A.________ GmbH and the sole proprietorship of B.________, both based in U.________/ZG, have been registered for VAT since 2006 and 2007, respectively. During the tax audit for the tax periods 2015–2019, the Federal Tax Administration (ESTV) identified additional demands. The two complainants argued that this VAT liability was not justified due to an alleged economic reclassification made in a previous direct tax judgment for the tax period 2007. The Federal Administrative Court largely confirmed the additional demands but partially upheld the complaints in accordance with the considerations.
The complete summary of the judgment can be found in the Portal.
4A_328/2025: Judgment on Sick Pay Insurance
Summary of the Facts
The complainant requested the respondent to grant sick pay benefits. The Cantonal Court of Zug declared the procedure partially moot and dismissed the claim in other respects. The Cantonal Court of Zug dismissed the complainant's appeal against the decision of the Cantonal Court to the extent it was considered. The complainant filed a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.