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 additional 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.
9C_154/2025: Decision on Taxation in the Canton of Ticino and Residence in Tax Year 2014
Summary of the Facts
The spouses A.A. and B.A. informed the authorities of the Canton of Ticino on October 31, 2014, that they had moved from C. (TI) to D. (SZ). This led to disputes regarding their tax residence and tax liability for the year 2014. Despite registering in SZ, the tax administration of the Canton of Ticino determined that the center of their vital interests remained in TI and established unlimited tax liability there. This was repeatedly contested by the taxpayers and led to several tax law decisions that reached the Federal Court.
Summary of Considerations
The Federal Court first examines the admissibility of the proceedings and finds that the present appeal meets the requirements of Art. 82 et seq. BGG. However, arguments directly against the original decision of the tax administration cannot be reviewed. The court confirms the correctness of the earlier cantonal decision, which concerned the referral due to the lack of a valid tax appeal decision for federal taxes for 2014. The procedure of the cantonal instance is deemed correct as it referred to Art. 140 LBG and a valid tax appeal decision is required. No violation of Art. 127 para. 3 BV or Art. 108 DBG is recognized, as the legal residence of the taxpayers was correctly established in the Canton of Ticino, and no nested procedures are necessary. The factual double taxation due to tax assessments in the Canton of Schwyz is not addressed by the Federal Court, as it does not concern federal tax, and the taxpayers are advised to clarify this at the cantonal level.
Summary of the Dispositive
The complaint is dismissed, and the unlimited tax liability in the Canton of Ticino is confirmed.
5A_597/2024: Decision on Maintenance Obligations Towards Adult Children
Summary of the Facts
The proceedings concern the father's (A.A.________) maintenance obligation towards his adult daughter (B.A.________), who is undergoing university education. During the parents' divorce, a monthly maintenance payment of 270 CHF was originally established, but this was later increased to 1,495 CHF per month. The father appealed to the Federal Court to reduce or completely eliminate this obligation.
Summary of Considerations
- E.1: Prerequisites for the appeal in civil matters are met; the amount in dispute exceeds the threshold of 30,000 CHF. - E.2: The father cites a violation of Art. 277 para. 2 ZGB and demands the annulment or at least reduction of the maintenance contributions. The Federal Court emphasizes that the maintenance claim aims at an appropriate education for the child. It is also noted that a complete exclusion of the claim is only possible under certain circumstances, namely in the case of a responsible, serious disruption of the relationship between child and parent, which is not the case here. - E.3.1: The father's demand for a complete exclusion of the maintenance obligation is new and therefore inadmissible according to Art. 99 para. 2 BGG. - E.3.2: The question of a possible reduction of the maintenance payment was not raised before the lower court, and thus cannot be addressed by the Federal Court (principle of material instance sequence, Art. 75 para. 1 BGG). - E.4: The findings of the lower court regarding the relationship between father and daughter as well as the amount of maintenance contributions are final; further submissions from the father will not be examined.
Summary of the Dispositive
The complaint is dismissed, and the court costs are imposed on the complainant.
7B_502/2025: Inadmissibility of the Complaint Due to Insufficient Justification
Summary of the Facts
A.________ filed a complaint against a non-acceptance order from the Regional Public Prosecutor of the eastern Vaud district. The criminal matters directorate of the canton court of Vaud declared the cantonal complaint inadmissible due to late payment of advance costs. A.________ then filed a criminal complaint with the Federal Court and also requested free legal assistance.
Summary of Considerations
The complaint to the Federal Court must contain sufficient and specific justifications in accordance with Art. 42 para. 1 BGG, particularly the legal violation of the contested decision must be stated. A.________ merely states that a non-acceptance order is not final and that the advance payment should allow the procedure to continue. However, he does not indicate that the lower court violated federal law with its decision (Art. 383 para. 2 StPO). Since the complaint evidently does not meet the justification requirements, it is declared inadmissible through a simplified procedure according to Art. 108 para. 1 lit. b BGG. The request for free legal assistance is denied, as the complaint had no prospects of success from the outset (Art. 64 para. 1 BGG). Accordingly, the court costs of 800 CHF are imposed on the losing party (Art. 65 para. 2 and 66 para. 1 BGG).
Summary of the Dispositive
The complaint was declared inadmissible, and the request for free legal assistance was denied.
2C_495/2024: Inadmissibility of the Complaint Regarding the Non-Admission of a Request for Reconsideration Concerning Residence Permit
Summary of the Facts
A.________, a Russian national born in 1941, suffers from a severe dementia illness and other health problems. She applied for a residence permit in Switzerland to stay with her daughter B.________, a Swiss citizen. After rejections from the migration office and the administrative court of the Canton of Zurich, as well as a temporary return to Russia, she submitted a request for reconsideration, which was again denied. The complainants then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_409/2024: Judgment on School Assignment and Special Education of a Disabled Student
Summary of the Facts
The complainant, a young girl with tetraspastic cerebral palsy, requested her full enrollment in the regular school with disability-related support after the municipal and cantonal school authorities deemed separate special education necessary. The administrative court of the canton of Aargau dismissed her complaint and supported the recommendation of the special educational institution.
Complete summary of the judgment can be found in the Portal.
7B_1320/2024: Decision on Sentencing and Legal Principles in International Drug Trafficking
Summary of the Facts
The complainant, an Italian citizen, was sentenced to 10 years in prison, a fine, and a 10-year expulsion from the country due to his involvement in an international drug trafficking network. He was accused of carrying out 23 transports of a total of approximately 22 kg of pure cocaine between Italy and Switzerland. In addition to drug trafficking, he was also prosecuted for unlawful residence and traffic offenses. The complainant filed an appeal aiming to reduce his sentence and refer the case back to the lower court.
Complete summary of the judgment can be found in the Portal.
5A_503/2025: Inadmissibility of the Complaint Due to Default in Advance Costs
Summary of the Facts
A.________ filed a complaint against a decision of the Cour des poursuites et faillites of the canton court of Vaud, which acts as the highest cantonal supervisory authority. The matter at dispute concerns a garnishment notice according to Art. 17 SchKG. However, in the proceedings before the Federal Court, the necessary procedural costs of CHF 800 were not paid in due time, despite an additional deadline being set. The requested free legal assistance was denied because no sufficient evidence regarding the financial situation was provided.
Complete summary of the judgment can be found in the Portal.
5A_587/2025: Decision on the Modification of Child Protection Measures
Summary of the Facts
The proceedings concern protective measures for C.________, born in 2015, who suffers from an autism spectrum disorder. The parents are divorced and share parental responsibility, with custody assigned to the mother. The cantonal authority has ordered various protective measures, including the appointment of a new reference pediatrician and conducting a psychological assessment of the mother regarding her capacity for family therapy. The mother opposed these measures, particularly the proposed appointment of the new pediatrician and the assessment of her psychological resilience.
Complete summary of the judgment can be found in the Portal.
5F_37/2025: Revision of a Judgment on Adult Protection Measures
Summary of the Facts
The applicant, A.________, submitted a request for revision to the Federal Court after it had not admitted her complaint in the proceedings 5A_443/2025 on June 12, 2025. In the revision proceedings, the applicant made further disconnected statements regarding the so-called "Willy case" and other topics without presenting specific grounds for revision.
Complete summary of the judgment can be found in the Portal.
7B_859/2025: Federal Court Judgment on the Withdrawal of a Complaint Regarding an Order of Discontinuance
Summary of the Facts
The complainant A.________ had filed a complaint in a criminal matter against the order of discontinuance from the Ministry of Justice of the District of East Vaud (Ministère public de l'arrondissement de l'Est vaudois). However, on September 8, 2025, A.________ withdrew her complaint.
Complete summary of the judgment can be found in the Portal.
2C_144/2025: Revocation of the Operating Permit of a Pharmacy
Summary of the Facts
A.________ SA operated a pharmacy in the Canton of Bern and had temporary permits for operation. During inspections, it was found that the pharmacy was repeatedly opened without the presence of the responsible pharmacist or a substitute. This led, among other things, to the issuance of a Category A drug and two Category D drugs, as well as the issuance of false COVID-19 certificates. After A.________ SA had repeatedly violated its obligations, the competent cantonal authority revoked its operating permit.
Complete summary of the judgment can be found in the Portal.
8C_425/2025: Judgment on Accident Insurance
Summary of the Facts
The complainant claimed an increase in the already awarded integrity compensation. This request was denied by the respondent (Suva) with a ruling decision, after which the complainant filed a complaint with the administrative court of the Canton of Thurgau. The cantonal court dismissed the complaint. The complainant then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_54/2025: Decision Regarding Building Application and Monument Protection
Summary of the Facts
Two property owners in Yverdon-les-Bains applied for a building permit for the construction of two residential buildings and the associated underground garage. A villa from the 19th century on the affected plot was to be demolished. This villa was classified as culturally valuable in the cantonal architectural inventory. The municipality of Yverdon-les-Bains denied the building and demolition permit, which was ultimately confirmed by the Tribunal cantonal of the Canton of Vaud.
Complete summary of the judgment can be found in the Portal.
5A_593/2025: Decision on the Inadmissibility of a Complaint Regarding a Motion for Dismissal
Summary of the Facts
The complainant, A.________, requested the dismissal of the district judge of the jurisdiction Locarno City in the context of a divorce proceeding ongoing since 2019. The motion for dismissal was rejected by the district judge of the jurisdiction Locarno Campagna on April 18, 2025, and confirmed by the I. Civil Chamber of the Cantonal Court of Ticino in a ruling on June 13, 2025. The cantonal courts argued that the motion for dismissal was submitted late and there were no objective proofs for the alleged bias of the judge.
Complete summary of the judgment can be found in the Portal.
9C_617/2024: Decision on Tax Exemption of a Foreign Municipality
Summary of the Facts
The municipality A.________, a French border municipality, sold several plots in the municipality B.________ as part of a construction project and established rights. It later applied for tax exemption concerning the profit from these property transactions and the annual rents from property rights. The cantonal tax administration denied this tax exemption, and the municipality's complaints before subsequent instances were unsuccessful.
Complete summary of the judgment can be found in the Portal.
5A_98/2024: Decision Regarding Neighboring Rights and Liability of the Property Owner
Summary of the Facts
The case concerns the liability of the property owner according to Art. 679 et seq. ZGB due to harmful emissions caused by construction work. B.________, a fruit farmer, was unable to sell his apricot harvest due to significant dust pollution. A.________, owner of neighboring properties, was held liable for the damage.
Complete summary of the judgment can be found in the Portal.
5A_141/2025: Measures for the Protection of the Marital Community (Child Welfare and Maintenance Payments)
Summary of the Facts
A.A. and B.A., parents of two children, separated in January 2023. A dispute arose regarding parental custody and maintenance payments. The lower court decided in favor of the mother regarding the arrangement for child and spousal maintenance as well as the distribution of custody.
Complete summary of the judgment can be found in the Portal.
9C_706/2024: Inadmissibility of the Tax Complaint to the Canton
Summary of the Facts
The tax liability of spouses A.A. and B.A. during the tax year 2014 was the subject of the proceedings, particularly in the context of possible double taxation between the Cantons of Ticino and Schwyz. The responsible tax office in Ticino continued to consider the spouses' main residence to be in C.________ (TI) and thus established unlimited tax liability in Ticino, even though the spouses had reported their move to D.________ (SZ) on October 31, 2014. This move was not recognized by the tax authorities in the Canton of Schwyz, and tax liability in the Canton of Schwyz was denied. The Cantonal Court of Ticino confirmed the unlimited tax liability in Ticino for the tax year 2014.
Complete summary of the judgment can be found in the Portal.
1C_192/2025: Access to Documents of Authorities in the Canton of Vaud – Requirements of Transparency and Proportionality
Summary of the Facts
A.________ and B.________ requested from the Directorate for the Environment in the Canton of Vaud (DGE) the release of an up-to-date list of types of official documents based on the cantonal law on information. The DGE replied that such a list was not current and not available. A procedure before the Cour de droit administratif et public des Tribunal cantonal (CDAP) found that the DGE had neither committed a formal refusal of rights nor was it obliged to create such a list, as this was deemed to be an unreasonable effort.
Complete summary of the judgment can be found in the Portal.
5A_570/2025: Decision Regarding Measures Related to the Modification of a Divorce Judgment
Summary of the Facts
A.________ and B.________ are involved in proceedings to modify the divorce judgment regarding maintenance payments for their children. A.________'s request for immediate adjustment of the maintenance payments was rejected by the Tribunal de première instance de Genève in a decision on June 24, 2025, as no sufficient evidence was presented. The subsequent appeal before the Civil Chamber of the Cour de justice of the Canton of Geneva was declared inadmissible, as there is no legal remedy against super-provisional measures. A.________ then filed complaints with the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_157/2025: Decision on the Inadmissibility and Treatment of a Legal Remedy
Summary of the Facts
The complainant A.________ originally filed a complaint against a decision of the "Autorità regionale di protezione 2 sede di Mendrisio," which approved the moral report and financial accounting of her children's guardian B.________ and C.________. The president of the protection chamber of the cantonal court of Ticino subsequently requested a process cost advance of CHF 800. After the payment deadline expired unused, the cantonal instance declared the complaint inadmissible. The complainant requested before the Federal Court in particular the annulment of the cantonal decision and a reinstatement in the deadline for the payment of the cost advance.
Complete summary of the judgment can be found in the Portal.
6B_609/2025: Judgment on the Violation of Simple Traffic Rules
Summary of the Facts
A.________ was sentenced by the regional court Jura bernois-Seeland to a fine of CHF 200 for violating simple traffic rules. The alternative imprisonment for non-payment without fault was set at two days. Upon appeal, the 2nd Criminal Chamber of the Bernese High Court confirmed this judgment. A.________ had driven over an area closed to traffic with his vehicle on the highway U.________ at the exit "V.________" on March 16, 2023, without hindering traffic. A.________ filed a complaint with the Federal Court and requested his acquittal as well as the granting of free legal assistance and the appointment of a legal representative.
Complete summary of the judgment can be found in the Portal.
8C_370/2025: Inadmissibility of the Complaint in Disability Insurance
Summary of the Facts
A.________ filed a complaint against the judgment of the cantonal court of Valais, which denied the ability to work and thus the entitlement to an invalidity pension. In the course of the proceedings before the Federal Court, the complainant submitted a request for free legal representation without paying the required advance costs within the set deadline. The request for exemption from advance costs was also denied due to insufficient documentation of economic need.
Complete summary of the judgment can be found in the Portal.
2C_361/2025: Inadmissibility of a Cantonal Revision Request
Summary of the Facts
The institute A.________ SA applied on February 28, 2023, for a permit to operate an organization for home care and assistance, which was rejected by the Department of Health and Mobility of the Canton of Geneva on May 16, 2024. The subsequent cantonal legal remedy decision of October 28, 2024, confirmed the refusal of the permit. On January 31, 2025, the institute submitted a revision request to the cantonal decision, citing that the rejection had already been signed on May 15, 2024. The lower court, the Cour de justice of the Canton of Geneva, declared this request inadmissible on June 3, 2025.
Complete summary of the judgment can be found in the Portal.