News

New Federal Court rulings from 25.09.2025

Latest Verdicts of the Federal Court

Here you will find the latest verdicts of the Federal Court (BGer) from bger.ch. For the first three verdicts, we present detailed summaries with facts, considerations, and dispositions. For the further verdicts, you will find a summary of the facts. The complete summaries of all verdicts are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest verdicts tailored to your legal fields.

7B_609/2025: Timely Proof of Authority to Represent According to Art. 40 Para. 2 BGG as a Prerequisite for Federal Court Proceedings

Summary of Facts

A.________ was detained in the course of a criminal investigation for multiple acts of violence and threats against authorities and officials. Following an order from the coercive measures court, he was held in preventive custody until August 8, 2025. An appeal against the detention at the Lucerne Cantonal Court was dismissed. Subsequently, attorney B.________ filed an appeal with the Federal Court, along with a request for free legal assistance and representation. The submission of the required power of attorney from the attorney remained incomplete despite multiple requests, and A.________ was released from detention in the meantime.

Summary of Considerations

- **E.1:** According to Art. 40 and Art. 42 Para. 5 BGG, a written power of attorney is mandatory when an attorney acts as a party representative before the Federal Court. This requirement was not fulfilled despite multiple extensions of the deadline.
- **E.2:** Attorney B.________ referred to an official defense granted in the cantonal proceedings and a handwritten supplement to the legal document by A.________. The Federal Court denied that these supplements could replace the missing power of attorney.
- **E.3:** The court examined whether A.________ was unable to act as a party (Art. 41 Para. 1 BGG) but concluded that he was capable of representing his interests.
- **E.4:** Due to the lack of a valid power of attorney, the Federal Court did not enter into the appeal. It further decided not to consider the request for free legal assistance and representation, and waived court costs due to the circumstances.

Summary of Disposition

The court did not enter into the appeal and the request for free legal assistance and did not impose any court costs.


8C_592/2024: Decision on the Adjustment of Supplementary Benefits

Summary of Facts

The appellant, born in 1955, had been receiving supplementary benefits for old-age and survivors’ insurance (EL) since January 1, 2019. His family and financial situation changed when his wife took up part-time employment on August 25, 2023. Following this, the service of supplementary benefits (SPC) recalculated the EL, reduced the benefits, and demanded reimbursement of overpaid amounts (initially CHF 9,495, then corrected to CHF 3,298). The lower court confirmed this approach.

Summary of Considerations

- **E.1-E.2:** The appellant contests the final cantonal judgment according to the provisions of the Federal Court Act (BGG). - **E.3:** The subject of the dispute concerns the amount of the EL between July and December 2023 as well as the reimbursement claim of CHF 3,298. - **E.4:** The relevant legal bases (including Art. 25 Para. 1 lit. c OPC-AVS/AI) require an adjustment of the EL in case of changes in financial circumstances. The lower court applied this correctly. - **E.5:** The lower court calculated the relevant income by extrapolating the part-time earnings of the appellant's wife starting from August 25, 2023, and found no legal violation. - **E.6:** The appellant's complaints regarding the calculation method and the violation of constitutional provisions are found to be unfounded. The approach to income determination and recovery is legally correct.

Summary of Disposition

The appeal was dismissed, and the court costs were imposed on the appellant.


7B_707/2025: Judgment on the Seizure of Properties and Land Register Prohibition

Summary of Facts

The Zurich-Sihl Public Prosecutor's Office charged E.________ with suspected commercial fraud and ordered a prohibition on the land register for properties owned by A.________ AG. A.________ AG filed a complaint with the Cantonal Court of Zurich, which was dismissed. Against this decision, A.________ AG appealed in criminal matters to the Federal Court.

Summary of Considerations

- **E.1:** The official language of the proceedings is German according to Art. 54 Para. 1 BGG, as the contested decision was drafted in German. - **E.2:** According to Art. 42 Para. 2 BGG, complaints must be clearly substantiated. General criticism is not permitted. - **E.3:** The lower court thoroughly explained why land register prohibitions are also possible outside the Canton of Zurich and why a previous decision on seizure does not prevent this. Arguments concerning "res iudicata" are not applicable here. - **E.4:** The lower court found that the accused and A.________ AG should be considered economically as a unit. The daughter of the accused was presented as an organ of the AG to prevent seizure. - **E.5:** Clear connections between the properties and the fraudulent actions were demonstrated, and the legal requirements for seizure according to Art. 263 Para. 1 lit. d and e StPO were laid out. - **E.6:** The appellant did not address the arguments of the lower court, but repeated previous statements and made general, legally insufficient complaints.

Summary of Disposition

The appeal was not upheld, and the court costs were imposed.


8C_189/2025: Inadmissibility of the Appeal Regarding Supplementary Benefits for AHV/IV

Summary of Facts

The appellant A.A.________, who has benefited from supplementary benefits from AHV and social assistance for several years, contested the calculation of the supplementary benefits for his son by the service of supplementary benefits (SPC). The calculation was made separately for the child according to legal requirements. Despite repeated objections and a separate appeal regarding the calculation, the cantonal lower court dismissed this.


1C_479/2025: Decision on the Inadmissibility of an Appeal Concerning a Federal Referendum

Summary of Facts

Jean-Michel Sommer filed an appeal with the Federal Court to request clarification or annulment of the federal referendum of September 28, 2025, regarding the amendment of the Federal Act on cantonal property tax for second homes. He criticized that the wording of the voting title was potentially misleading and that the eligible voters were not informed of the full legal implications of the law. In particular, he objected to the linked voting on individual sub-areas and the impairment of free opinion formation.


1C_212/2025: Judgment Regarding the Vote on the Reduction of Vehicle Tax in the Canton of Geneva

Summary of Facts

On March 3, 2024, a vote took place in the Canton of Geneva on the popular initiative "For the Reduction of Vehicle Tax" (IN 178), a counter-proposal (Law 12'888), and a voting question regarding the preference between the two. The initiative was rejected, and the counter-proposal was accepted. Subsequently, information about the effects of the legislative change on vehicle tax was publicly debated. Daniel Sormanni filed an appeal claiming that the electorate had not been sufficiently informed. The cantonal instance dismissed his appeal.


1C_237/2025: Decision on Disciplinary Measures Against a Judge

Summary of Facts

The appellant, a former judge at the Cantonal Criminal Court (TPC) of the Canton of Ticino, was removed from office by the Consiglio della Magistratura (CdM) due to an unfounded complaint against the president of the TPC. The allegations concerned a criminal complaint for pornography (Art. 197 StGB), which the disciplinary authority found to be unfounded and led to a conflict and loss of trust within the TPC as well as in the public eye. The appellant argued that his actions were justified by his legal obligation to report according to Art. 27a LOG.


5A_700/2025: Judgment Regarding Non-Entry Decision in Bankruptcy Warning Procedure

Summary of Facts

The appellant requested to suspend the bankruptcy proceedings due to alleged procedural defects and to declare a bankruptcy warning null. The supervisory authority for debt collection and bankruptcy in Basel-Landschaft largely dismissed the submissions after substantive review or declared parts of them as irrelevant. The appellant then filed an appeal to the Federal Court.


5A_695/2025: Inadmissibility of the Appeal Regarding Bankruptcy Warning

Summary of Facts

The appellant raised serious procedural defects in a bankruptcy proceeding and requested its suspension. After the supervisory authority for debt collection and bankruptcy in Basel-Landschaft declared the appeal procedure as completed due to lack of subject matter, the appellant appealed to the Federal Court. The court did not enter into the appeal due to insufficient justification and dismissed the request for free legal assistance.


1C_95/2025: Decision on the Granting of a Building Permit and an Exception to Building Planning

Summary of Facts

Three construction companies applied for permission to build three villas and an underground parking lot, as well as an exemption from the regulations of the building plan "La Taillisse". After approval by local and cantonal authorities and a rejection of objections, the affected neighbors filed a complaint with the lower court, which confirmed the permit. The neighbors then appealed to the Federal Court.


8C_504/2024: Decision on Invalidity Pension and Incapacity to Earn in the Context of Disability Insurance

Summary of Facts

The appellant, A.________, applied for a disability pension due to the consequences of a car accident. The IV office in Solothurn rejected the application after extensive medical investigations. The accident insurance also denied a disability pension but granted an integrity compensation. The insurance court of the Canton of Solothurn confirmed the rejection. The appellant then filed an appeal with the Federal Court, with the main request for a full pension until and a three-quarter pension from a certain point in time.


8C_462/2025: Judgment on the Admissibility of an Appeal in the Field of Accident Insurance

Summary of Facts

The appellant A.________ appealed against the ruling of the insurance court of the Canton of Aargau, which confirmed a decision of the Swiss National Accident Insurance Institute (Suva) regarding the recovery of pension benefits amounting to CHF 30,955.65 and the question of whether a waiver was possible. The lower court denied this due to lack of good faith.


2C_627/2023: Non-Renewal of a Residence Permit and Deportation

Summary of Facts

A.________ from Kosovo, who has been residing in Switzerland since 2011 under family reunification, is confronted with non-renewal of his residence permit and his deportation from Switzerland. His marriage was divorced in 2017, and since then he claims successful integration according to Art. 50 AuG (now AIG), particularly due to his employment status and efforts to repay debts. Given significant debts and lack of concrete rehabilitation efforts, the migration office and later the administrative court of the Canton of Solothurn rejected his application for an extension of the residence permit.


2D_7/2025: Decision on the Approval of the Change of Canton

Summary of Facts

A.________, an Austrian national residing in Switzerland since birth, applied in April 2022 for a residence permit in the Canton of Valais following a move from Geneva (due to termination of a lease). His dependence on social assistance was cited as the reason for the rejection of his request by the responsible cantonal migration service. Following several rejections from different authorities, he filed a complaint with the Federal Court.


5A_546/2025: Judgment Regarding Precautionary Measures in a Family Law Matter

Summary of Facts

In the context of a family law procedure regarding custody allocation and maintenance, the appellant (father) requested various precautionary measures and raised concerns about the child's welfare. The Cantonal Court of Zug ruled that there had been a prior agreement between the parties and that the main hearing should be awaited. The Higher Court of the Canton of Zug confirmed this decision and dismissed the father's appeal. In his appeal to the Federal Court, the father requested, among other things, a legally reviewable assessment of his precautionary requests and the granting of free legal assistance.


5A_759/2025: Judgment Regarding Denial of Justice

Summary of Facts

The appellant, a divorced father of a child, had brought multiple proceedings related to the parental conflict to the Federal Court. Currently, he contests a judgment from the Cantonal Court of Basel-Landschaft dated September 4, 2025, which did not enter into his complaint regarding denial of justice due to insufficient justification. Before the Federal Court, he claims, among other things, systematic denial of justice, procedural defects, and imposition of costs, and requests that the case be referred to an unbiased chamber and the granting of free legal assistance.


9C_590/2024: Judgment on the Taxation of Electronic Services of a Foreign Provider and the Issue of File Access

Summary of Facts

The appellant, a foreign company specializing in online accommodation reservations, was retroactively registered as subject to VAT as of January 1, 2015. The Federal Tax Administration (ESTV) raised back taxes for the tax periods 2015–2020, as the services of the provider were rendered as electronic services to non-taxable recipients. The appellant disputed the tax claims and complained that access to important calculation bases was denied. The Federal Court agreed with the assessment of the ESTV and the Federal Administrative Court and dismissed the appeal.


9C_327/2025: Judgment on Disputes Related to a Benefit Equalization Scheme in Mandatory Health Insurance

Summary of Facts

A.________, who has been insured with Assura-Basis SA since 2012, received a benefit bill of CHF 27.55. After he considered a claim by the health insurance as settled and asserted a counterclaim of CHF 147.85, the health insurance initiated debt collection. The lower court, the Chamber for Social Insurance in Geneva, overturned the decision of the health insurance and allowed a compensation.


8C_541/2024: Decision of the Federal Court Regarding Calculation of the Entitlement to Supplementary Benefits for AHV/IV in Separate Households

Summary of Facts

A.________, a separated father of three minor children, receives supplementary benefits for a full disability pension. After separating from his wife, the implementing agency adjusted the calculation of the supplementary benefit by allocating rental costs. This resulted in a claim of CHF 427.- per month. The Administrative Court of the Canton of Thurgau recognized a flawed calculation and increased the monthly supplementary benefit to CHF 1,104.-. The appellant contested this calculation before the Federal Court and requested that all rental costs be considered without proportional allocation for the children.


2C_326/2024: Fee Obligation for Professional Practice Permits According to the Health Professions Act

Summary of Facts

A.________, a midwife with professional practice permits from several cantons (Aargau, Solothurn, Bern), applied for a professional practice permit in the Canton of Lucerne and admission to provide services at the expense of mandatory health insurance. The Canton of Lucerne approved the request but charged a fee of CHF 500.-- for the professional practice permit. A.________ and the Competition Commission (WEKO) filed a complaint, which was dismissed by the Cantonal Court of Lucerne. The WEKO then appealed to the Federal Court, requesting a ruling that the fee violated the Internal Market Act.


1C_640/2024: Decision Regarding the Withdrawal of an Appeal on a Cantonal Reserved Zone

Summary of Facts

A.________ and B.________, as owners of a plot in the municipality of Mies, filed a complaint against a decision of the Department of the Canton of Vaud, which approved a cantonal reserved zone over their plot. This complaint was handled by both the Administrative Court of the Canton of Vaud and the Federal Court. The appellants withdrew their complaint on September 1, 2025.


5A_721/2025: Guardianship – Appeal Against the Rejection Decision of the KESB

Summary of Facts

The appellant, for whom a guardianship was established according to Art. 394 Para. 1 in connection with Art. 395 Para. 1 ZGB, requested its cancellation. After her move to the Canton of Zurich, the KESB Horgen took over the guardianship. The lower courts largely dismissed the appellant's complaint, but required KESB to examine the necessity of guardianship within the two-year reporting period or to promptly initiate a cancellation procedure. The Federal Court addressed the appellant's complaint, which demanded the complete cancellation of the guardianship and compensation for damages.


2C_528/2024: Decision on Residence Permit for Study Purposes and Return to Switzerland

Summary of Facts

An Iranian national (A.________), who entered Geneva with a legitimation card as the spouse of a diplomatic representative, applied for a residence permit for study purposes after her husband’s mission ended. The cantonal office for population and migration denied the permit on the grounds that the reasons for further study were insufficient. The lower courts, including the Cour de justice of the Canton of Geneva, confirmed this decision. A.________ invoked domestic violence and a potential protection claim under the Istanbul Convention.


8C_517/2024: Inadmissibility Regarding Accident Insurance – Suicide and Capacity for Judgment

Summary of Facts

A man (D.A.________), who was insured against accident risks with the Swiss National Accident Insurance Institute (CNA), committed suicide at the end of November 2016. His wife and children applied for survivor's pensions from the CNA, claiming that the deceased was incapable of judgment at the time of the suicide due to the side effects of the antidepressant Citalopram. The CNA denied the application, seeing no link between the medication intake and incapacity for judgment. Following a cantonal court decision in favor of the survivors, which included a pharmacological expert opinion, the CNA appealed to the Federal Court.


2C_397/2025: Non-Entry on an Appeal Due to Formal Defects

Summary of Facts

The appellant A.________ applied to the Administrative Court of the Canton of Vaud for a review of a decision of the cantonal population service, which denied the extension of his residence permit. The appeal submitted in May 2025 was not signed. Despite a deadline set to remedy this defect, there was no response. The lower court declared the appeal withdrawn and removed the matter from the register without costs. The appellant then approached the Federal Court.


4A_499/2024: Decision on the Right to Information According to Art. 697 OR

Summary of Facts

A.________ SA is a company based in Geneva, whose shareholder B.________ holds 10% of the shares and was previously a director. B.________ requested information according to Art. 697 OR concerning share transfers, particularly their terms, which A.________ SA initially refused. The lower courts partially ordered the company to provide the requested information.


2C_292/2025: Decision on the Renewal Application for a Residence Permit

Summary of Facts

The appellant (A.________), a Romanian national, entered Switzerland in 2019 and received a residence permit UE/AELE, which was valid until May 31, 2024. However, she could not take up the originally intended employment due to the termination of her employment contract before starting. She was largely dependent on social benefits (Revenu d'insertion) and could not demonstrate sustainable professional integration. Since November 2023, she has been 100% unable to work and applied for benefits from disability insurance. The population service of the Canton of Vaud denied the extension of her residence permit and set deadlines for her departure. The cantonal administrative court confirmed this decision.


4A_60/2025: Inadmissibility of an Appeal in a Property Dispute

Summary of Facts

B.________ had filed a lawsuit for payment of CHF 337,664 plus interest before the Chamber patrimoniale of the Canton of Vaud. A.________ filed a counterclaim for payment of CHF 11,732 also with interest. Both claims were dismissed. On appeal, the cantonal judges of the Cour d'appel civile also rejected the claims of both parties. A.________ then filed an appeal with the Federal Court, seeking the conviction of B.________ to pay the counterclaim amount plus interest.


5A_697/2025: Decision Regarding Bankruptcy Warning

Summary of Facts

The appellant approached the Debt Collection Office of Basel-Landschaft with a complaint against the bankruptcy warning in a debt collection procedure from February 19, 2025. The supervisory authority for debt collection and bankruptcy in Basel-Landschaft dismissed the complaint on August 19, 2025, as far as it entered into it. The appellant then appealed to the Federal Court.


8C_492/2024: Inadmissibility of the Appeal Regarding Assistance and Supplementary Benefits

Summary of Facts

The appellant A.A.________, born in 1955, has been receiving supplementary benefits from AHV as well as social assistance since January 1, 2019. In addition, he has been receiving a child pension from AHV since January 1, 2021. After several review decisions from the service for supplementary benefits, social assistance was suspended as of July 1, 2023. The opposition raised against this was rejected by the service for supplementary benefits. The subsequent appeal against the suspension of social assistance was also dismissed by the administrative department of the Geneva court. The appellant then approached the Federal Court.


5A_624/2024: Examination of the Suitability of a Care Proxy and Legal Capacity in the Area of Adult Protection

Summary of Facts

A.________ (born 1927) had appointed her husband and two of her sons, C.________ and B.________, as care proxies in a care order dated October 8, 2017. After her husband's death in 2018 and in the context of family disputes, the validation of the care order was partially denied by the Child and Adult Protection Authority (KESB) in Frauenfeld. Instead, a representation guardianship was established. After an appeal to the Higher Court and again to KESB, C.________ was appointed as the care proxy in the area of personal care. Regarding asset care and legal transactions, a professional guardian was appointed. A further judicial appeal ultimately led to the Federal Court.


8C_498/2024: Judgment of the Federal Court Regarding Accident Insurance: Case Closure, Causal Link, and Disability Pension

Summary of Facts

The appellant, A.________, suffered a traffic accident on June 13, 2016, resulting in polytrauma and other injuries. She was insured with Suva against accidents. After various medical investigations, Suva denied further daily allowance benefits and medical treatments from the end of October 2018, granted a 30% integrity compensation, and denied a pension entitlement. The Insurance Court of the Canton of Solothurn confirmed these decisions. The appellant filed a complaint in public law matters aiming to extend the benefits beyond the specified date.


2C_87/2025: Decision on the Timeliness of an Appeal for the Extension of a Residence Permit

Summary of Facts

A.________, a Kosovo national, requested an extension of his residence permit but did not report several changes of residence. The population and migration office could not reach him at his registered address, which led to the opening of the decision by publication in the official gazette. The non-renewal of the permit was decided in March 2022. A.________ only learned of this decision in July 2023 and filed an appeal in August 2023 with the State Council of the Canton of Valais, which did not enter into it due to deadline reasons. The Cantonal Court of Valais dismissed the appeal against this non-entry decision.


5A_699/2025: Decision Regarding Non-Entry on an Appeal Against Bankruptcy Warning

Summary of Facts

The appellant filed an appeal against a bankruptcy warning from the Debt Collection Office of Basel-Landschaft. After the supervisory authority for debt collection and bankruptcy in Basel-Landschaft reviewed the submission, it dismissed the appeal as far as it entered into it. The bankruptcy warnings were correctly delivered by the Debt Collection Office, and the claims were clearly set out. The appellant also objected to the involvement of a decision-maker and the treatment of his submissions by the supervisory authority. The Federal Court addressed the raised complaints, including alleged violations of the right to be heard and the obligation to recuse oneself.


5F_48/2025: Decision on a Revision Request Due to Unexamined Applications

Summary of Facts

A.________ requested free legal assistance in the Federal Court procedure 5A_104/2025, which was overlooked in the judgment of July 18, 2025. With his revision request of September 1, 2025, A.________ demands that this application be decided.


5A_698/2025: Judgment on the Announcement of Attachment and Recusal Complaints

Summary of Facts

The appellant filed a complaint against the announcement of attachment from the Debt Collection Office of Basel-Landschaft on January 30, 2025. The supervisory authority for debt collection and bankruptcy in Basel-Landschaft dismissed the procedure due to objectivity, as the announcement of attachment was replaced by a bankruptcy warning. The appellant subsequently filed an appeal with the Federal Court on August 27, 2025.


1C_240/2025: Decision on a Disciplinary Procedure Concerning a Cantonal Judge

Summary of Facts

Judge E.________ filed a criminal complaint against the president of her court for pornography, although the action in question was already the subject of a disciplinary procedure and the legal requirements for such a complaint did not seem to be fulfilled. This led to tensions within the court and a significant impairment of public trust in judicial independence.


1C_117/2025: Decision on the Withdrawal of an Appeal in a Procedure Concerning Building and Planning Law

Summary of Facts

The municipality of Inwil filed an appeal in public law matters with the Federal Court on February 24, 2025, against a judgment of the Cantonal Court of Lucerne dated January 20, 2025, which concerns building and planning law. The appeal was withdrawn on May 23, 2025.


2C_436/2025: Decision on an Appeal Regarding the Refusal of a Residence Permit on Humanitarian Grounds

Summary of Facts

A.________, a Gabonese national, applied for a residence permit on humanitarian grounds (Art. 30 Para. 1 lit. b LEI) due to a long-term stay in Switzerland without legal basis. This was denied by the cantonal authorities and the lower courts. He appealed against the corresponding judgment of the Cour de justice of the Canton of Geneva dated June 3, 2025, to the Federal Court.


4F_35/2025: Non-Entry Decision Regarding a Revision Request

Summary of Facts

A.________ GmbH filed a revision request against a judgment of the Federal Court (4A_583/2024) dated March 21, 2025. This related to a claim from an architecture contract and confirmed the previous judgment of the Cantonal Court of Lucerne issued on September 24, 2024. The revision request was made concerning an alleged violation of Art. 121 lit. d BGG.


8C_675/2024: Decision Regarding the Admissibility of an Appeal in a Social Insurance Matter

Summary of Facts

The appellant, born in 1955, receives supplementary benefits for old-age and survivors' insurance (AHV) as well as social assistance. After the responsible cantonal service reviewed his file, several decisions were made, including the partial suspension of social assistance. The appellant lodged an appeal against the corresponding cantonal decision; this was dismissed by the cantonal instance. A subsequent revision of the first-instance decision was also declared inadmissible. The appellant then appealed to the Federal Court.