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New Federal Court rulings from 01.10.2025

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 remaining 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 legal areas.

2C_338/2025: Decision of the Federal Court

Summary of the Facts

The complainant A.________ challenged the seizure and confiscation of two dogs and four cats by the Veterinary Office of the Canton of Ticino. The lower courts, the Department of Health and Social Affairs and the Administrative Court of the Canton of Ticino, partially confirmed these measures. The complainant filed a complaint against the corresponding cantonal court decision before the Federal Court. However, the complaint was withdrawn before the judgment was rendered.

Summary of the Considerations

- **E.1:** According to Art. 32 para. 2 BGG, the President of the II. Public Law Division, acting as a single judge, declares the proceedings concluded upon withdrawal of the complaint. She further decides on the costs and the allocation of any party compensation. - **E.2:** The withdrawal of the complaint was declared unconditionally. The proceedings are thus terminated, and reduced court costs of CHF 500.– are imposed on the complainant. Party compensations to winning authorities are waived. - **E.3:** The deadline set for the complainant to pay a cost advance is lifted.

Summary of the Dispositive

The proceedings are discontinued, and court costs of CHF 500.– are imposed.


5A_519/2024: Judgment on Personal Injury and Unfair Competition

Summary of the Facts

The A.________ AG sued the B.________ AG (legal successor of the E.________ AG) because an article about the professional practices and working conditions of A.________ AG allegedly contained personal injuries and competition violations. The lawsuit demanded, among other things, a declaration of personal injury, the deletion of the article, and the publication of the judgment's dispositive in favor of the plaintiff. The Commercial Court of the Canton of Zurich dismissed the lawsuit, whereupon A.________ AG appealed to the Federal Court.

Summary of the Considerations

E.1: The complaint meets the formal and substantive requirements and is material reviewed by the Federal Court. E.2: The Federal Court examines legally relevant arguments freely, while the factual findings of the lower court can only be reviewed to a limited extent. New evidence is excluded unless prompted by the contested decision. This also applies to genuine new evidence such as the subsequently submitted discontinuation order of the public prosecutor in a criminal proceeding against an employee of the complainant. E.4: The lower court was of the opinion that the criticized passages of the article concerning working conditions and company practices did not violate the personality of the complainant. The expression "pure slave-driving" used by a former employee and statements about alleged pressure and cold calling were considered permissible value judgments or legitimate journalistic representations. E.5: No violation was found regarding competition law either. The contested statements were not assessed as unnecessarily degrading or misleading within the meaning of Art. 3 para. 1 letter a UWG.

Summary of the Dispositive

The complaint was dismissed, and the court costs of CHF 5,000 were imposed on the complainant.


5A_760/2025: Inadmissibility of the Complaint Regarding Care Placement

Summary of the Facts

The complainant is in care placement due to a mental disorder, which was extended by the KESB. The High Court limited the duration of this placement to a maximum of October 22, 2025, and required that future extension requests be submitted in a timely manner.

Summary of the Considerations

- **E.1**: The complaint must contain a justification that addresses the contested decision substantively. This is absent in the submitted complaint. - **E.2**: The complainant only mentions his objection to the placement and provides evidence without addressing the detailed considerations of the lower court regarding the state of weakness, self-endangerment, and the suitability of the clinic. - **E.3**: Due to the obvious lack of justification, the complaint is not considered, and the decision is rendered in simplified proceedings. - **E.4**: No court costs are imposed given the circumstances.

Summary of the Dispositive

The complaint was declared inadmissible, and no court costs were imposed.


5A_71/2025: Notification of the Valuation Request in the Foreclosure of Real Estate

Summary of the Facts

The complainants, A.A.________ and B.A.________, owners of a property (family apartment), were pursued by C.________ GmbH in two separate foreclosures for real estate valuation. They filed a complaint against the notification of the valuation request in one of the foreclosures, which was dismissed by the High Court of the Canton of Bern. They raised objections regarding errors in the delivery of payment orders and the handling of their legal objections.


9C_476/2025: Judgment on the Complaint Regarding Disability Insurance

Summary of the Facts

A.________ filed a complaint against a judgment of the Social Insurance Court of the Canton of Zurich, which denied his claim for a pension from the disability insurance due to a lack of grounds for revision. In 2022, the Federal Court had already not considered an earlier complaint from A.________ in the same matter.


1C_103/2025: Judgment Regarding Delay of Justice and Access to Files

Summary of the Facts

A.________ AG requested access to documents from the municipality of Glarus Süd in 2023 regarding the landslide of the Wagenrunse. After partial granting, the municipality denied further access. The Department of Construction and Environment of the Canton of Glarus (DBU) delayed the decision regarding the complaint of A.________ AG, whereupon the latter filed a complaint about delay of justice with the Administrative Court of the Canton of Glarus. The Administrative Court dismissed the complaint and imposed court costs on A.________ AG. A.________ AG filed a complaint with the Federal Court after the DBU had already issued the decision, rendering the proceedings moot.


8C_689/2024: Third Payment of Pension Arrears to Landlord in the Context of Disability Insurance

Summary of the Facts

A landlord who sought a proportional third payment of pension arrears from the disability insurance through assignment of claims was rejected by the IV office and cantonal courts. The landlord was argued to be not a third-party entitled to payment.


5A_725/2025: Inadmissibility of the Complaint

Summary of the Facts

The KESB Olten-Gösgen confirmed the care placement of B.________ and transferred the authority for release to the psychiatric clinic. The former partner of B.________ requested the cancellation of this decision and eventually a referral back. Following B.________'s transition to a nursing home, the Administrative Court of the Canton of Solothurn declared the proceedings moot, imposed the procedural costs on the complainant, and party compensation in favor of B.________. Before the Federal Court, the complainant requested among other things the dismissal of the proceedings and the re-regulation of the cost issue, as well as access to the complete files.


5A_667/2025: Inadmissibility of the Complaint in a Social Insurance Matter

Summary of the Facts

The complainant A.________ requested the restoration of the deadline to appeal against a social insurance decision of Assicurazione malattie B.________ SA (of March 31, 2025), claiming he was allegedly prevented from raising objections in a timely manner due to hospitalization. The cantonal supervisory authority rejected the application on the grounds that it was not responsible for the case and referred the complainant to the social insurance procedure before the insurance. A direct forwarding of the application to Assicurazione malattie B.________ SA was announced.


4A_681/2024: Decision on Employment Contract Law

Summary of the Facts

An employee, A.________, sued his employer, B.________ SA, for payment of an incorrectly calculated salary and a bonus for the year 2020. The employment contract was terminated by the employer in July 2020, effective until the end of August 2020. There was a dispute regarding the notice period and the right to the bonus. While the first-instance court had partially upheld the claims, the judgment was partially amended on appeal. The central question concerned the correct notice period and entitlement to a bonus.


8C_406/2025: Judgment on the Liability of Accident Insurance Due to a Fall

Summary of the Facts

A.________, a managing director, suffered an accident on April 15, 2023, when he stepped on a shovel in the garden and fell. He sustained injuries to his left shoulder, later diagnosed disc herniations in the cervical spine, and a tear in the pectoral muscle. Bâloise Versicherung AG closed the insurance case as of May 4, 2023, and rejected further benefits. The complainant requested a continuation of the benefits, which was unsuccessful before the lower court.


6F_26/2025: Question of Competence Regarding the Handling of a Revision Request in a Criminal Proceeding

Summary of the Facts

A.________ was sentenced by the Tribunal régional Jura bernois-Seeland on April 13, 2021, among other things, to expulsion from the country. The 2nd Criminal Chamber of the Bern High Court confirmed the expulsion for seven years on October 20, 2021, which was subsequently not changed by the Federal Court in a judgment of March 23, 2023 (6B_1373/2021). On August 6, 2025, A.________ submitted a request for revision of the original judgment of April 13, 2021, to the 2nd Criminal Chamber of the Bern High Court. The High Court forwarded this request to the Federal Court.


8C_15/2025: Appeal Against Decision on Temporary Disability Pension

Summary of the Facts

The complainant, a former flat roof installer, applied for a disability pension due to health problems. The IV Office of Lucerne granted him a temporary full pension for the period from September 1, 2021, to June 30, 2022, according to a progress report. The Cantonal Court of Lucerne extended the pension period until August 31, 2022, and dismissed the complaint regarding a further claim. Before the Federal Court, the complainant requested at least a quarter pension from January 2019, possibly a referral for re-evaluation.


5A_524/2025: Revision of the Marriage Protection Decision Regarding Separation Date and Disclosure of Assets

Summary of the Facts

A.________ (complainant) and B.________ (respondent) face each other in a divorce proceeding before the District Court of Kriens. Various consequences of separation were regulated in the marriage protection decision of 2023, against which the complainant filed an appeal. A later revision request from the complainant, which aimed to change the separation date and disclose assets, was rejected by the Cantonal Court of Lucerne on May 21, 2025. The complainant challenged the decision before the Federal Court due to alleged violations of constitutional rights.


9C_405/2025: Withdrawal of the Complaint in Connection with Old Age and Survivor Insurance

Summary of the Facts

The complainant approached the Federal Court against the judgment of the Federal Administrative Court, which dealt with questions of old age and survivor insurance. After submitting the complaint, he later withdrew it.


8C_597/2024: Refund of Unemployment Benefits in Case of Disability

Summary of the Facts

The complainant, A.________, registered with the Basel-Stadt unemployment fund to receive unemployment benefits. Due to a simultaneous receipt of disability pensions, which were retroactively granted due to a disability degree of 100% and 60%, the unemployment fund demanded the repayment of already paid daily allowances proportionally. The dispute concerns the amount of the repayment as well as the calculation basis of the unemployment benefits considering the disability degrees and their coordination with the benefits of the disability insurance.


9C_410/2025: Decision Regarding Insurance Disputes Between a Doctor and Health Insurers

Summary of the Facts

A.________, a doctor, was sued by several health insurers for the reimbursement of fees from the years 2019, 2020, and 2021 totaling approximately CHF 237,669 due to allegedly uneconomic services. The President of the cantonal arbitration court of Valais granted the insurers additional time to complete statistical analyses and suspended the proceedings until December 15, 2025. A.________ filed a complaint with the Federal Court, describing the proceedings as unlawful and defamatory and requested their final dismissal.


6B_505/2024: Application of the Reformatio in Pejus in the Appeal Proceedings

Summary of the Facts

A.________ was sentenced in the first instance of the District Court of Lausanne for several offenses to a conditional prison sentence of 24 months and a fine of CHF 300. Both A.________ and the District Attorney of Lausanne appealed against the judgment. The appellate instance, the Criminal Court of the Vaud Cantonal Court, changed the first-instance judgment and additionally pronounced a conviction for attempted intentional homicide, increasing the sentence to four years of imprisonment while retaining the fine. A.________ filed a complaint with the Federal Court.


2C_9/2024: Assessment of the Legality of a Home Search in the Context of Migration Control

Summary of the Facts

A citizen of Peru (A.________) and his Swiss partner (B.________) approached the cantonal authorities after a home check by the police, seeking to establish the unlawfulness of the order and execution of this check. The Migration Office of the Canton of Zurich did not address the request for declaration, which led to judicial challenges. In this case, the Federal Court assesses the legality of the order and execution of the home search, considering fundamental rights and migration law provisions.


5A_14/2025: Judgment on the Revaluation of a Property in the Context of Real Estate Foreclosure

Summary of the Facts

Foreclosures are underway against A.A.________ and B.A.________ for the purpose of real estate liquidation. The property was originally valued at CHF 5,400,000.-. After a revaluation by the expert D.________, a market value of CHF 8,335,000.- was determined. The debtors questioned the report and requested, among other things, further clarification of various supplementary questions and a higher expert opinion. This was rejected by both the District Court of Zurich and the High Court of the Canton of Zurich. The debtors have now filed a complaint with the Federal Court.


5A_757/2025: Decision on Missed Deadlines in a Marriage Protection Procedure

Summary of the Facts

The complainant filed an appeal against a marriage protection decision of the District Court of Schwyz but did not submit the appeal justification within the deadline for legal remedies. A request for restoration of the deadline due to alleged lack of legal representation was rejected by the Cantonal Court of Schwyz, and the appeal was not addressed due to late justification. The complainant then approached the Federal Court with the request to overturn the decision of the Cantonal Court and to consider the appeal as timely.


5A_555/2025: Inadmissibility of the Complaint and Denial of Free Legal Aid

Summary of the Facts

A.________, who had raised an objection against the recognition of paternity, requested the dismissal of the adhesive intervention by B.________, mother of C.________, as well as free legal aid for the cantonal and federal court instances. The adhesive intervention was permitted by the competent cantonal court, which was contested by the complainant before the Federal Court.


9C_93/2025: Disability Insurance: Recovery and Pension Cancellation Due to Revision Procedures

Summary of the Facts

The insured A.________ has been receiving benefits from the disability insurance since 2003 due to a disability degree of 57%. Following an anonymous report, the IV Office of Lucerne initiated a revision procedure from January 2020. After obtaining various reports, it retroactively canceled the pension effective September 1, 2021, and demanded CHF 35,162.- back. This order was confirmed by the Cantonal Court of Lucerne.


8C_51/2025: Review of a Disability Pension Claim: Determination of Work Capacity Limitation and Referral for Clarification of Self-Integration

Summary of the Facts

The complainant registered with the disability insurance in 2019 after allegedly being completely unable to work due to health impairments since 2010. After comprehensive medical and occupational clarifications, the IV Office of the Canton of Aargau denied a pension claim, stating that the disability degree was assessed at 33%. Following further medical developments, the Insurance Court of the Canton of Aargau granted the complainant a temporary full disability pension for the period from May 2023 to February 2024. With the complaint to the Federal Court, the insured requested a retroactive pension grant or at least a referral for further clarification.


2C_597/2024: Decision Regarding Unauthorized Activity as an Issuer and Liquidation of a Company

Summary of the Facts

The A.________ AG operated as an issuer without the FINMA's approval. At the instigation of three resigned board members, FINMA opened an enforcement procedure against A.________ AG and ordered, among other things, its liquidation. The group, consisting of E.________, D.________, C.________, and A.________ AG, generated significant revenue from stock sales without the necessary securities dealer's license. The B.________ AG was created through a spin-off from A.________ AG and entered the proceedings under the principle of universal succession.


1C_391/2024: Determination of the Date of Birth in the Central Migration Information System (ZEMIS)

Summary of the Facts

A.________, an asylum seeker, opposed the change of his date of birth in ZEMIS by the State Secretariat for Migration (SEM). The SEM based its decision on an age assessment from the Institute of Legal Medicine Basel, which determined a minimum age of 19 years, and changed his date of birth to January 1, 2004. A.________ requested that his date of birth remain as originally stated, July 6, 2006. After the Federal Administrative Court dismissed a complaint by A.________ against the SEM's decision, he filed a complaint in public law with the Federal Court.


8C_404/2025: Decision on the Withdrawal of a Complaint in the Area of Unemployment Insurance

Summary of the Facts

The complainant, A.________, filed a complaint with the Federal Court against a judgment of the Cour de justice de la République et canton de Genève dated June 2, 2025, concerning unemployment insurance. In a letter dated September 2, 2025, A.________ declared that she withdraws her complaint.


5A_607/2025: Inadmissibility of the Complaint Against the Non-Entry of the Cantonal Court of Basel-Landschaft

Summary of the Facts

The complainant submitted a complaint to the Cantonal Court of Basel-Landschaft that did not contain a clearly defined legal request. After being advised on the formal requirements, the complainant did not submit an improved application. The Cantonal Court therefore did not consider the complaint in its ruling of June 27, 2025. The complainant then approached the Federal Court.


9C_479/2025: Decision on Tax Sovereignty and Legality of a Judgment

Summary of the Facts

The A.________ SA sued the tax administration of the Canton of Zug regarding the assessment of cantonal and municipal taxes as well as direct federal tax for the tax period 2023. After the objection was dismissed by the tax administration and a legal remedy by the Administrative Court of Zug, a complaint was filed with the Federal Court. The complainant requested a declaration of the invalidity of the judgment of the lower court or its annulment due to lack of tax sovereignty of the canton.


5A_145/2025: Judgment on the Revision of Income Garnishment

Summary of the Facts

The Debt Collection Office of Obwalden revised the income garnishment of A.________ on October 25, 2024. The recalculation was based on a minimum subsistence level of CHF 1,949.35 and a garnishable amount of CHF 694.45. A.________ initially contested this revision before the High Court of the Canton of Obwalden, which dismissed his complaint in a ruling dated January 31, 2025. A.________ then filed a complaint with the Federal Court, among other things, alleging arbitrary factual findings by the lower court.


6B_276/2025: Inadmissibility of the Complaint

Summary of the Facts

A.________ was accused of having committed various offenses, including incitement to breach of official secrecy, coercion, and qualified simple bodily harm. The case involves allegations such as the use of secret information, violence against his then-partner, and other actions. The lower court found him guilty in several instances and sentenced him to a conditional prison sentence of eight months.


5A_560/2025: Validity of Two Payment Orders

Summary of the Facts

The dispute concerns the validity of two payment orders issued by the community of co-owners of the Condominio B.________ against the complainant A.________, who is a co-owner. The payment orders relate to outstanding claims from joint operating costs and were delivered by the Debt Collection Office of Lugano. The complainant contested the payment orders before the cantonal supervisory authority, which rejected his legal remedy. It was argued that the payment orders were valid with respect to formal requirements, and questions regarding active legitimacy had to be decided on the merits.


6B_470/2025: Federal Court Judgment on Defamation, Costs, and Compensation

Summary of the Facts

B.________ was accused through an anonymous defamation campaign of having made defamatory statements against A.________. An initial decision from the prosecutor convicted B.________. After an appeal against this penalty, B.________ was acquitted by the Tribunal de police des Littoral et du Val-de-Travers, with A.________ having to bear the costs of the first instance as well as compensation to B.________. The judgment was confirmed by the cantonal court, stating that A.________ must again bear the costs and compensations. A.________ then filed a complaint with the Federal Court.


7B_721/2025: Judgment Regarding Denial of Justice and Delay of Justice in Connection with a Criminal Complaint

Summary of the Facts

The complainant approached the High Court of the Canton of Zurich and raised essentially bias reasons against two members of the High Court. The High Court forwarded the submission to the competent authorities. Subsequently, the complainant filed a criminal complaint regarding denial of justice and delay of justice by the High Court of Zurich.


5A_726/2024: Decision on Guardianship and Mandate Management

Summary of the Facts

The complainant A.A.________ is under a guardianship that has been in place since 2021, which includes income and asset management. He and his parents applied to the KESB Weinfelden, among other things, for the dismissal of the guardian due to alleged mandate errors. The KESB rejected the requests, decided on the transfer of jurisdiction to the KESB Toggenburg, and approved the report and accounts of the guardian. The High Court of the Canton of Thurgau dismissed the subsequent complaint. The complainant filed a complaint against this decision with the Federal Court.


5A_568/2025: Child Protection Measures and Parental Decisions in Conflict

Summary of the Facts

A.________ and B.________, separated parents of children C.________ and D.________, over whom they jointly exercise custody, have an ongoing parental conflict regarding personal contact and care arrangements for the children. The KESB Basel-Stadt rejected the father's request for joint custody on December 2, 2024, and established a supervisory education (Art. 307 para. 3 ZGB). The father appealed to the Cantonal Court of Basel-Stadt, which additionally ordered a child guardianship (Art. 308 ZGB) and an assessment of the father's parenting ability. A.________ filed a complaint with the Federal Court to overturn the decision of the Cantonal Court as well as further measures.