Latest Judgments of the Federal Court
Here you can find the most recent judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we provide detailed summaries including facts, considerations, and dispositive parts. 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.
5A_573/2024: Decision on the representational capacity of a lawyer in a partition dispute
Summary of the Facts
A.B.________, E.________, D.B.________, and the heirs' community of G.B.________ are co-owners of a property, where familial and neighborly conflicts have arisen between the parties. A dispute over the partition of the property led to a civil lawsuit, in which the representational capacity of a lawyer (Me C.________) was called into question. The lawyer was accused of failing to fulfill his mandate, particularly due to his behavior and the use of inappropriate expressions towards the opposing party.
Summary of the Considerations
(E.1) The complaint is generally admissible as it is directed against an interim decision that causes irreparable disadvantages for the complainants (Art. 93 LTF). The requirements for the admissibility and motivation of the complaint are examined and fulfilled. (E.2) The grounds for the complaint are limited to violations of federal law and other legal points (Art. 95 ff. LTF). The Federal Court examines the arguments presented and finds that the complaint is not sufficiently justified. (E.3) The cantonal court rejected new evidence and the requested psychiatric examination of the opposing party. It confirmed Me C.________'s behavior as inappropriate and incompatible with the duties under Art. 12 LLCA (Lawyers' Act). Me C.________'s statements about an alleged "perverse narcissism" of the opposing parties show a lack of professionalism and insufficient distance from the mandate. (E.4) The court noted that the jurisdiction to clarify the representational capacity of a lawyer lies with the competent procedural authority, not with the supervisory authority of lawyers. (E.5) The complaint was found to be unfounded and inadmissible. The critical documents contained unjustified and inappropriate attacks on the opposing party and the lower court, further confirming the inadmissibility.
Summary of the Dispositive Part
The complaint is dismissed, and the court costs as well as compensation are imposed on the complainants.
7B_464/2025: Non-admissibility order, free legal aid, and rejection request
Summary of the Facts
A.________ filed a criminal complaint against the Deputy Attorney General Raphaël Bourquin for abuse of office and violation of official secrecy with the district governor of the canton of Fribourg. The criminal proceedings were concluded by a non-admissibility order from the prosecutor, which A.________ challenged before the criminal chamber of the cantonal court of Fribourg. This dismissed the appeal on the merits, declared the request for rejection against the prosecutor as moot, and denied the provision of free legal aid.
Summary of the Considerations
- **E.1:** The entitlement to appeal of the private complainants under Art. 81 para. 1 lit. a and b no. 5 BGG requires that the contested decision can influence civil law claims. Since the contested actions of the prosecutor occurred in the course of his official duties, any potential damage claims are of a public law nature and cannot be asserted as civil claims. Thus, the complainant lacks the right to appeal.
- **E.2:** The entitlement to appeal under Art. 81 para. 1 lit. b no. 6 BGG due to being affected in the right to file a criminal complaint is also not given, as the complainant did not raise such objections.
- **E.3:** The complainant alleges a violation of legal hearing rights, for example, regarding the request for rejection against the prosecutor. However, these objections are inextricably linked to the actual issue, which the complainant cannot intervene in due to a lack of entitlement to appeal. The request for free legal aid and the challenge of the procedural costs are also inadmissible, as they are directly related to the main matter. Moreover, the complainant does not meet the strict requirements for the justification of the complaint.
Summary of the Dispositive Part
The complaint and the request for free legal aid are rejected; court costs are imposed.
8C_187/2024: Judgment on supplementary benefits and waiver of assets
Summary of the Facts
The insured A.________, born 1932, applied for supplementary benefits to AHV/IV. The social insurance institution of the canton of Zurich (SVA) rejected this due to a waiver of assets and exceeding the asset threshold. The social insurance court of the canton of Zurich returned the matter for recalculation and determined the market value of the property that was subject to the waiver of assets using a specific calculation method. The SVA filed a complaint with the Federal Court against this.
Summary of the Considerations
- **E.1:** The Federal Court independently examines the admissibility of the complaint (Art. 90 BGG) and formally recognizes the present dismissal decision as a final decision, as the lower court has no discretion remaining. - **E.2:** The relevant legal bases and the review competence of the Federal Court are outlined. - **E.3:** The amount of the waiver of assets is disputed. It is examined whether the lower court conducted the calculation correctly, particularly regarding the market value of the transferred property in 2010. - **E.4:** The market value calculation according to the lower court (average between tax value and building insurance value) was criticized as inappropriate. Instead, the SVA favors a method based on replacement value and land value, which leads to a higher market value. - **E.5:** The Federal Court finds that the calculation method of the lower court relies on a market value estimate that, as an expert opinion of the party, does not reliably reflect the value. It follows the engagement with alternative market value determinations. - **E.6:** The Federal Court accepts the SVA's method (addition of replacement value and land value) and establishes the waiver value. This clearly exceeds the asset limit for supplementary benefits, resulting in no entitlement.
Summary of the Dispositive Part
The complaint is upheld, the judgment of the lower court is overturned, and the decision on the objection is confirmed.
8C_330/2025: Invalid income in accident insurance
Summary of the Facts
The respondent, a trained roofer, suffered a spinal fracture in 2015 from a fall down the stairs. Due to the consequences of the injury and pain, her professional activity was no longer feasible. The Swiss Accident Insurance Institution (CNA) granted her an invalidity pension starting in 2021 based on a 20% inability to work. However, the cantonal court of Vaud recognized a higher invalidity pension for a degree of disability of 28%. The CNA appealed against this to the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_728/2024: Judgment denying a pension claim by the disability insurance
Summary of the Facts
A former opera singer, who has had complaints such as tinnitus and hyperacusis since a hearing trauma on November 16, 2011, applied for an invalidity pension. The IV office of the canton of Zurich denied the claim with a decision dated July 19, 2016. After several federal court decisions and dismissals, the lower court obtained a new expert opinion that attested partial work ability. Nevertheless, the social insurance court confirmed the decision of the IV office. The insured filed another complaint.
Complete summary of the judgment can be found in the Portal.
2C_471/2025: Judgment regarding change of canton and residence permit
Summary of the Facts
A.________ and B.________, citizens of the Democratic Republic of the Congo, requested a change of residence to the canton of St. Gallen after their provisional admission to Switzerland and after being granted a residence permit by the canton of Zurich. This request was rejected by the migration office of the canton of St. Gallen, as were the legal remedies raised against it at the Department of Security and Justice and the Administrative Court of the canton of St. Gallen. They appealed to the Federal Court with the aim of achieving the change of canton and residence permit.
Complete summary of the judgment can be found in the Portal.
8C_135/2025: Decision on invalidity pension
Summary of the Facts
The insured A.________ suffered two accidents in 2020, after which various health complaints arose. The Swiss Accident Insurance Institution (INSAI) rejected the application for an invalidity pension but granted an integrity compensation. Following orders from the lower court and obtaining expert opinions, INSAI continued to deny the invalidity pension. Subsequently, the lower court ordered INSAI to pay an invalidity pension of 18% starting March 1, 2022. INSAI appealed against this to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_544/2025: Decision on the late appeal regarding the determination of the children's residence
Summary of the Facts
The mother (A.________) appealed against a decision of the cantonal authority regarding the withdrawal of the right to determine the residence of her children to the Federal Court. The lower court had declared the appeal as late and thus inadmissible.
Complete summary of the judgment can be found in the Portal.
2C_346/2023: Judgment regarding admission as a revision expert
Summary of the Facts
The complainant, a trained Certified Public Accountant (USA) and Chartered Accountant (United Kingdom), requested admission as a revision expert in Switzerland from the Federal Audit Oversight Authority. This request was denied because her foreign qualifications were not recognized as comparable training under the Audit Oversight Act (RAG). Both the Federal Administrative Court and the Federal Court confirmed this decision.
Complete summary of the judgment can be found in the Portal.
6B_673/2025: Decision on the admissibility of a submission
Summary of the Facts
The complainant A.________ submitted a request against two judgments of the Cantonal Court of Zurich, which were allegedly filed late. In addition, the possibility of a revision before the Federal Court was examined.
Complete summary of the judgment can be found in the Portal.
7B_500/2025: Inadmissibility of a complaint related to a dismissal order
Summary of the Facts
The complainant filed a criminal complaint against the rejection of his previously filed complaint by the Cantonal Court of Schaffhausen. The subject was the dismissal order of the Cantonal Court of Schaffhausen regarding alleged property damage, which had been reported by the deceased father of the complainant. The Federal Court examined the admissibility of the submitted complaint.
Complete summary of the judgment can be found in the Portal.
2C_446/2024: Judgment on the non-extension of a residence permit
Summary of the Facts
A national of North Macedonia (A.A.) applied for the extension of his residence permit in Switzerland after remarrying his ex-wife, who had since entered Switzerland. The migration office found that previous marriages and actions of the complainant constituted a sham marriage and false statements for the purpose of residence rights. The cantonal authorities and the administrative court rejected his requests, as did the request for free legal aid.
Complete summary of the judgment can be found in the Portal.
6B_517/2024: Judgment on the non-submission of invalid vehicle registrations and license plates
Summary of the Facts
A.________ was ordered by the Basel-Landschaft Motor Vehicle Control (MFK) to submit invalid license plates and the vehicle registration of a van, which he did not do within the set deadline. The Basel-Landschaft District Court sentenced him to a conditional fine and a penalty, which was confirmed on appeal by the Cantonal Court of Basel-Landschaft but slightly modified.
Complete summary of the judgment can be found in the Portal.
6B_548/2024: Criminal proceedings (defamation, coercion, unauthorized recording of conversations)
Summary of the Facts
A.________ was accused of repeatedly harassing and intimidating E.________ between autumn 2018 and July 2019 (including by photographing, remarks, and reports). He was also charged with several insulting remarks towards neighbors (including "fils de pute", "fascistes") and the unauthorized recording of a meeting. The District Court convicted A.________ to a fine and an additional monetary penalty. Before the Cantonal Court, A.________ failed in his appeals, as did C.C.________ and D.C.________ with their ancillary appeal. A.________ then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_348/2023: Admission as a revision expert – comparability of foreign education with Swiss standards
Summary of the Facts
A.________, an audit partner with foreign qualifications (USA and United Kingdom), applied for admission as a revision expert in Switzerland. The Federal Audit Oversight Authority denied the admission based on the lack of comparability of foreign education with Swiss standards. The Federal Administrative Court dismissed the subsequent complaint and found that A.________ was not entitled to act as a statutory auditor in the United Kingdom.
Complete summary of the judgment can be found in the Portal.
2C_365/2024: Decision on the refusal of free legal aid in connection with a state liability claim
Summary of the Facts
A victim of compulsory welfare measures, who had already received a solidarity contribution of CHF 25,000, demanded further state compensation from the canton of Thurgau. The Administrative Court of the canton of Thurgau rejected his request for free legal proceedings and ordered him to pay a cost advance. The complainant filed a complaint with the Federal Court against this.
Complete summary of the judgment can be found in the Portal.
1C_408/2025: Decision on compliance with deadlines in voting complaints
Summary of the Facts
Peter Locher filed a complaint with the government of the canton of Graubünden in connection with the upcoming federal vote on September 28, 2025. He objected to a poster for voting advertising that was displayed on several post bus routes in Graubünden and demanded its removal. The government of the canton of Graubünden did not address the complaint as it did not see its jurisdiction and the complaint deadline may not have been met. Peter Locher then turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5F_45/2025: Judgment regarding a request for revision
Summary of the Facts
The applicant A.________ was placed in compulsory care on April 18, 2025, by order of the on-call doctor of the Medical Services of the Health Department of Basel-Stadt, which was lifted the following day. After the court for compulsory placements (FU court) dismissed the applicant's complaint for lack of virtual interest, the Federal Court also did not address a new complaint against this decision on August 7, 2025. In a submission dated August 21, 2025, the applicant is now seeking the revision of judgment 5A_578/2025 and other concerns, including the determination of the unlawfulness of forced medication and compensation.
Complete summary of the judgment can be found in the Portal.
7B_268/2025: Decision regarding the lifting of an attachment
Summary of the Facts
The case concerns a criminal investigation against A.________ and others on suspicion of money laundering, disloyal management, and other offenses. In the course of the criminal investigation, a bank account of A.________ was attached. A.________ requested the partial lifting of the attachment to settle mortgage debts. The responsible prosecutor denied this lifting due to a lack of information about the origin of the seized assets and other financial resources of A.________. A.________'s complaint against this decision was dismissed by the lower court (the Appeals Chamber of the Federal Criminal Court).
Complete summary of the judgment can be found in the Portal.
7B_741/2024: Unsealing of data carriers in criminal proceedings
Summary of the Facts
The Public Prosecutor's Office in Baden is conducting a criminal proceeding against a class teacher for sexual acts with a child. The accused is alleged to have taken a student on his lap and touched him inappropriately. The cantonal police secured a mobile phone and two computers during a search of the house. The accused immediately requested their sealing. The Public Prosecutor's Office subsequently applied to the coercive measures court for the unsealing of these devices, which was rejected. A complaint was then filed with the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_707/2025: Judgment on the issue of non-admissibility regarding a guardianship
Summary of the Facts
The KESB St. Gallen ordered a representative guardianship for B.________, which included income and asset management. The son of the affected, A.________, objected to this. The lower courts – the Administrative Appeals Commission and the Cantonal Court of St. Gallen – dismissed the appeal due to inadequate justification. A.________ then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_708/2025: Inadmissibility of the complaint against the home contract
Summary of the Facts
B.________ was permanently cared for after a hospital stay, for which the KESB St. Gallen ordered a representative guardianship and approved a home contract. Against this decision, the son A.________ filed various legal remedies. The Administrative Appeals Commission St. Gallen rejected his appeal, and the Cantonal Court of St. Gallen did not address his complaint due to insufficient justification. Subsequently, the complainant turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.