Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositive parts. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.
7B_113/2024: Ruling on the appeal regarding unsealing procedure and data copy
Summary of the Facts
The Public Prosecutor's Office of the Canton of Zug conducted a criminal investigation for violation of the Narcotics Act and seized a mobile phone. At the request of the accused A.________, it was sealed, and the police made security copies of the data. The Public Prosecutor's Office requested the unsealing and search of the mobile phone and the copies. A.________ demanded the release of the mobile phone and the destruction of the copies, which the coercive measures court rejected. A.________ then filed an appeal in criminal matters to the Federal Court.
Summary of the Considerations
**E.1:** The contested interim decision was made pursuant to Art. 246 et seq. StPO, and the appeal is generally admissible before the Federal Court (Art. 78 et seq. BGG).
**E.2:** The decision does not conclude the criminal proceedings and can only be contested if an irreparable legal disadvantage is imminent (Art. 93 para. 1 lit. a BGG). The lower court did not make a conclusive unsealing decision but merely ordered the continuation of the proceedings. No legal loss is apparent. The Federal Court generally does not consider appeals against procedural decisions of this kind.
**E.3:** The request for free legal aid is denied, as the appeal appears hopeless.
Summary of the Dispositive
The appeal was not upheld, the request for free legal aid was denied, and the court costs were imposed on the appellant.
1C_416/2025: Impossibility of the restoration order regarding parking spaces
Summary of the Facts
A.________ and B.________ appealed against a restoration order of the building committee of the city of Winterthur regarding two parking spaces on their property. The appellants cited a thirty-year limitation period and claimed that the parking spaces had existed for more than thirty years. The lower courts (Building Appeals Court and Administrative Court of the Canton of Zurich) rejected the appeal on the grounds that the existence was not sufficiently proven. Furthermore, the restoration order would be justified even after thirty years.
Summary of the Considerations
- **E.4.1:** The Federal Court examines the requirements for legal writings according to Art. 42 and Art. 106 BGG. The appeal must be clear and detailed, especially in the case of fundamental rights violations. - **E.4.2:** The appellants do not meet the requirements. They insufficiently engage with the factual findings of the lower court and its alternative reasoning. Appellate arguments do not meet the justification requirements.
Summary of the Dispositive
The appeal is not admitted, no costs are charged, and no party compensation is granted.
2C_303/2025: Refusal to extend residence permit L
Summary of the Facts
An Italian citizen, A.________, applied for an extension of his residence permit L in the Canton of Ticino after previously living in another canton. Since he could not demonstrate sufficient financial means and could not prove a permanent disability status, both the cantonal authorities, the Administrative Court of the Canton of Ticino, and the Federal Court rejected the extension. The applicant had worked only irregularly during his time in Switzerland and had not been employed since 2016.
Summary of the Considerations
- **E.1**: The Federal Court examines the admissibility of the appeal, admits it, but clarifies that the application for the issuance of a residence permit B is outside the subject of dispute.
- **E.2**: There is no entitlement to a residence permit based on sufficient financial means, as the appellant could not prove this.
- **E.3.1**: No entitlement to a right of residence under the Agreement on the Free Movement of Persons (ALC), as the appellant did not have the required employment status before his early retirement and could not prove a permanent disability status.
- **E.3.2**: The applicant has not demonstrated that his work accident in 2015 caused a permanent disability. No disability pension was granted, and the arguments presented by the applicant did not change this.
- **E.4**: The appeal is unfounded, and the Federal Court confirms the cantonal decisions.
Summary of the Dispositive
The appeal was dismissed, the request for free legal aid was also denied, and no court costs were charged.
8C_65/2025: Accident insurance: Disability pension and integrity compensation – Referral for factual clarification
Summary of the Facts
The appellant claimed benefits from the accident insurance of AXA, including disability pension and integrity compensation, as well as the consideration of further complaints (right-sided complaints of the body). The Social Security Court of the Canton of Zurich had decided on a partial adjustment of the integrity compensation and rejected the complaint in other respects. The Federal Court examined the legal questions regarding the degree of disability, insured earnings, and integrity compensation and decided to refer the matter back to AXA Versicherungen AG for further factual clarification.
You can find the complete summary of the ruling in the Portal.
7B_240/2025: Impossibility of defense by relatives in cases of conflicts of interest
Summary of the Facts
A couple, consisting of B.A.________ and A.A.________, was involved in a legal dispute with a former lawyer, who initially assisted the couple in recovering CHF 510,000 from their bank. Tensions arose regarding the calculation of fees and the return of the money. B.A.________ initiated several enforcement procedures regarding the same claim against the lawyer, which he considered abusive. Later, the Public Prosecutor's Office initiated criminal proceedings, in which the husband was rejected as the defense counsel for his wife due to a presumed conflict of interest stemming from his potential role in the events.
You can find the complete summary of the ruling in the Portal.
7B_519/2025: Decision on the enforcement of penalties and measures
Summary of the Facts
A.________ was sentenced to six years of imprisonment and a stationary therapeutic measure according to Art. 59 StGB for serious sexual offenses. After several violations of the conditions of his open placement regime and his escape in October 2023 from the center, it was decided that the measure would be continued in a closed setting. A.________ requested the Federal Court to declare the decisions of OSAMA ineffective and to revoke them.
You can find the complete summary of the ruling in the Portal.
5A_656/2025: Decision of the Federal Court regarding parental rights and the welfare of the child in relation to a change of residence and maintenance contribution
Summary of the Facts
A father (Portuguese citizen) and a mother (Italian citizen) are disputing over custody, the child's residence, and maintenance contributions for their son, who was born in 2021. After the parents' separation, the mother proposed moving to Italy with the child, which the father rejected. In several instances, the courts favored the mother, who was considered the main caregiver of the child. The father appealed against a cantonal decision that allowed the mother to relocate the child's residence to Italy and to adjust the maintenance contributions.
You can find the complete summary of the ruling in the Portal.
6B_532/2024: Ruling on assaults, serious bodily injury, animal cruelty, and arbitrariness
Summary of the Facts
In the present case, B.________ was acquitted of the charges of simple bodily injury, assault, and animal cruelty. The civil claim of A.________ against B.________ was also dismissed. In this regard, A.________ filed an appeal before the Court of Appeal of the Canton of Aargau and subsequently a complaint to the Federal Court. A.________ requested a conviction of B.________ and sentencing to imprisonment, fines, and damages as well as compensation.
You can find the complete summary of the ruling in the Portal.
7B_500/2024: Closing of a criminal proceeding and violation of the right to be heard
Summary of the Facts
A.________ filed several criminal complaints against B.________ and C.________ for attachment fraud and other offenses. The Public Prosecutor's Office closed the criminal proceedings with the approving order of the Chief Public Prosecutor's Office. A.________ turned to the Court of Appeal of the Canton of Aargau and finally to the Federal Court, demanding that the closure be lifted and the proceedings continued.
You can find the complete summary of the ruling in the Portal.
9C_445/2025: Decision on the formal admissibility of an appeal in the area of disability insurance
Summary of the Facts
The appellant A.________ filed an appeal on July 1, 2025, against a decision of the cantonal court of the Canton of Vaud (Court of Social Insurance) dated June 10, 2025. The Federal Court set a deadline until August 18, 2025, for her to submit the contested decision, which she did not do. Additionally, formal deficiencies of the appeal were identified, particularly an insufficient justification.
You can find the complete summary of the ruling in the Portal.
9C_351/2025: Ruling on the obligation to perform in occupational pension schemes
Summary of the Facts
B.________ was temporarily insured with two different pension institutions while claiming several disability and invalidity pensions. The relevant disability for later invalidity occurred in connection with the occupational activity of one of the two institutions, leading to a discussion of the obligation to perform. The lower court ordered one of the pension institutions to pay a disability pension along with child pensions and default interest and dismissed the claim against the other.
You can find the complete summary of the ruling in the Portal.
7B_213/2022: Ruling on the inadmissibility of the appeal against a conviction for fraud and false title
Summary of the Facts
A.________ was accused of providing false information about sales figures for an initial and second request for Covid-19 loans. The first request led to the disbursement of CHF 260,000; the second was refused by the bank and reported. The lower court sentenced A.________ to 18 months of imprisonment with partial allowance for conditional execution and a repayment of CHF 260,000. A.________ appealed to the Federal Court, mainly seeking full acquittal.
You can find the complete summary of the ruling in the Portal.
9F_17/2025: Impossibility of revision regarding tax claims
Summary of the Facts
The appellants A.A.________ and B.A.________, who had already appealed against a ruling of the cantonal court dated April 1, 2025, which was declared inadmissible by the Federal Court in a ruling on May 30, 2025, submitted a new request on July 8, 2025, titled 'Appeal and complete objection'. They requested, among other things, compensation for damages, the annulment of various court decisions and tax claims, and an appeal regarding alleged misconduct of the responsible federal judge.
You can find the complete summary of the ruling in the Portal.
6B_531/2024: Decision on the conviction for theft, trespassing, and negligent bodily injury
Summary of the Facts
A.________ was convicted of theft, trespassing, and negligent bodily injury, with the original penalties being reduced on appeal. Additionally, she was ordered to pay compensation as well as procedural and party costs. She appealed the ruling of the Court of Appeal of the Canton of Aargau to the Federal Court, aiming for acquittal or referral.
You can find the complete summary of the ruling in the Portal.
8C_560/2024: Ruling on the review of a pension claim in disability insurance considering the duty to mitigate damages
Summary of the Facts
The appellant re-registered with disability insurance citing various physical and psychological complaints. After investigations, the IV Office Bern required him to maintain a six-month abstinence from addictive substances. Due to non-compliance with this requirement, the IV Office granted a limited disability pension until April 2023 and ceased payments from May 2023. The Administrative Court of Bern dismissed the appeal against the denial of the pension. The appellant subsequently filed an appeal in public law matters to the Federal Court.
You can find the complete summary of the ruling in the Portal.
6B_787/2024: Assessment of criminal allegations
Summary of the Facts
A.________ was previously convicted for several offenses including brigandage, fencing, and unlawful use of a vehicle. The ruling imposed a reduced prison sentence, complemented by a fine and a monetary penalty. Additionally, A.________ was ordered to compensate for non-material damage together with a co-defendant.
You can find the complete summary of the ruling in the Portal.
7B_1394/2024: Violation of a maintenance obligation
Summary of the Facts
A.________, the father of B.________, had previously been ordered by court to make maintenance payments for his child. He failed to meet these obligations from May to August 2018. The lower courts sentenced him to 50 days of imprisonment for violation of the maintenance obligation according to Art. 217 StGB. The Federal Court referred the matter back to the lower court in 2023 to clarify the financial capabilities of the appellant. A.________ contested the new ruling of the lower court and demanded his full acquittal.
You can find the complete summary of the ruling in the Portal.
5A_255/2025: Decision on the type of exploitation of a seized share in an inheritance community
Summary of the Facts
The Enforcement Office Emmental-Oberaargau seized A.________'s liquidation share in the inheritance community E.________, which consists of several properties in the Canton of Zurich. After negotiations failed, the Enforcement Office called on the parties to submit proposals on the type of exploitation. The Court of Appeal of Bern as the supervisory authority ordered the dissolution and liquidation of the inheritance community. A.________ appealed this decision to the Federal Court.
You can find the complete summary of the ruling in the Portal.
8C_241/2025: Ruling on disability pension and incapacity for work in the context of disability insurance
Summary of the Facts
The appellant, A.________, suffered injuries to her wrists and cervical spine due to a traffic accident and other events. After terminating her employment, she applied for benefits from disability insurance. The IV Office Schwyz granted her a temporary disability pension for the period from July 1, 2014, to March 31, 2017. For the period from April 2017 onwards, it denied entitlement to a pension and conducted extensive medical and further investigations, including an observation. A.________ filed a complaint requesting the award of an indefinite full disability pension.
You can find the complete summary of the ruling in the Portal.
1C_399/2025: Decision regarding the extradition of a Syrian citizen to Turkey
Summary of the Facts
A.________, a Syrian citizen, is to be extradited to Turkey for murder and deprivation of liberty. The Federal Office of Justice approved the extradition, taking into account extensive diplomatic guarantees from Turkey, including in the area of humane treatment and fair trials. The appeal against this decision as well as the requests for release and compensation were rejected by the lower court, the Cour des plaintes of the Federal Criminal Court.
You can find the complete summary of the ruling in the Portal.
5A_747/2025: Suspensive effect of a decision related to marriage protection measures
Summary of the Facts
The appellant A.________ and the respondent B.________ are both legally recognized mothers of the son C.________, born in 2022. After the separation of the two women, C.________ predominantly lived with B.________. The District Court of Zurich approved the relocation of B.________ with C.________ to Mexico in a marriage protection ruling and ordered A.________ to hand over the child's German passport. The appellant requested the Zurich Court of Appeal to suspend the execution of the contested relocation permit, which the Court of Appeal rejected. The appellant then filed an appeal with the Federal Court.
You can find the complete summary of the ruling in the Portal.
2C_348/2025: Revocation of EU/EFTA residence permit
Summary of the Facts
The appellant, a Turkish citizen, married a Polish citizen with a residence permit in Switzerland and subsequently received an EU/EFTA residence permit. After the appellant moved out of the shared apartment and the marriage ended definitively by the wife, the permit was revoked. The appellant unsuccessfully challenged the revocation before cantonal authorities and requested its annulment and permission to remain in Switzerland before the Federal Court.
You can find the complete summary of the ruling in the Portal.
1C_270/2024: Decision on the duration of data storage of communication records
Summary of the Facts
A.________ and other individuals requested information and measures to limit the duration of storage of communication records, including emergency calls and radio communications over the Polycom network, to a maximum of three months. The Department of the Canton of Geneva refused to limit the storage duration to three months. The lower court dismissed the corresponding requests.
You can find the complete summary of the ruling in the Portal.