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New Federal Court rulings from 02.10.2025

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 other 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 legal areas.

1C_367/2025: Non-performance of the cost advance; dismissal of the proceedings

Summary of the facts

The appellant filed a complaint against the decision of the Court of Appeal of the Canton of Basel-Stadt, in which the proceedings were dismissed due to non-performance of the cost advance. He submitted the complaint electronically without a qualified electronic signature. The Federal Court instructed him, according to Art. 42 para. 4 BGG, to remedy this defect; otherwise, the legal submission would remain unconsidered. The appellant did not accept the electronic delivery of the decision and did not send a timely and correctly signed legal document.

Summary of the considerations

- **E.1:** The complaint was formally invalid, as it was not provided with a qualified electronic signature as required by Art. 42 para. 4 BGG. The appellant did not respond to the request for remedy.
- **E.2:** The electronic delivery of the Federal Court is considered legally effective according to Art. 44 para. 2 BGG, even if the message was not collected.
- **E.3:** In view of the obvious formal invalidity of the complaint, it will not be considered according to Art. 108 para. 1 BGG.
- **E.4:** The appellant bears the court costs, and a request for free legal assistance is dismissed due to lack of prospects.

Summary of the dispositive

The complaint is not considered and court costs are imposed.


4A_300/2025: Decision regarding the request for suspension

Summary of the facts

The appellant A.________ requested a suspension of the proceedings before the Cantonal Court of Thurgau, which rejected her request in a decision dated May 7, 2025. She filed a complaint with the Federal Court against this decision and requested the annulment of the decision as well as the approval of the suspension request. In addition, she requested, among other things, the referral to a "never previously involved court" and the recusal of members of the Thurgau High Court. She also raised the alleged bias of judges in connection with the "CLP" association or party.

Summary of the considerations

The complaint did not meet the legal justification requirements (Art. 42 para. 2 and Art. 106 para. 2 BGG). In particular, the appellant did not explain how any membership of federal judges in a "CLP" association or party could influence their impartiality. Due to the insufficient justification of the complaint, the Federal Court did not consider the complaint (Art. 108 para. 1 lit. b BGG).

Summary of the dispositive

The Federal Court did not consider the complaint due to insufficient justification and imposed court costs of CHF 800.


5A_765/2025: Non-consideration of the complaint against the non-consideration decision of the Cantonal Court of Zurich

Summary of the facts

The appellant filed a complaint against the seizure certificate of the debt collection office in Birmensdorf. The District Court of Dietikon dismissed the complaint to the extent that it considered it. The Cantonal Court of Zurich did not consider the subsequently filed complaint. The appellant then filed a complaint with the Federal Court.

Summary of the considerations

- **E.1**: The Federal Court procedure concerns the review of the non-consideration decision of the Cantonal Court. The appellant must demonstrate according to Art. 42 para. 2 BGG which rights or legal norms the lower instance violated. The appellant addresses, among other things, the complaint period and the official investigative authority but does not sufficiently address the decisive considerations of the non-consideration decision (including lack of justification and inadmissible new submissions in the complaint procedure according to Art. 17 SchKG). - **E.2**: The complaint obviously contains insufficient justification according to the Federal Court's view. The procedure is therefore concluded in the simplified procedure (Art. 108 para. 1 lit. b BGG).

Summary of the dispositive

The Federal Court did not consider the complaint and imposed the court costs on the appellant.


5A_711/2025: Decision regarding the withdrawal of a complaint in the marriage protection procedure

Summary of the facts

In the marriage protection decision of the District Court of Affoltern dated February 4, 2025, alternating custody of the common children was ordered with regulation of care and vacation times. The Cantonal Court of Zurich decided on August 14, 2025, to gradually establish the father's care and denied the suspensive effect. The mother filed a civil complaint on August 31, 2025, and again requested the suspensive effect, which was denied by decision on September 2, 2025. On September 10, 2025, the mother withdrew her complaint.


2C_115/2025: Complaint against the refusal of free legal assistance in the case of a travel ban

Summary of the facts

The German national A.________ is contesting the refusal of free legal assistance by the Federal Administrative Court in the procedure concerning a travel ban imposed on him by the State Secretariat for Migration (SEM). A.________ argues that the qualified hopelessness of his legal claim is not given, as he presents legal arguments that require in-depth examination. - **[A.]** A.________ had been living in Switzerland since 2007 but lost his residence permit after several violations of foreigner law and other convictions. - **[B.]** The State Secretariat for Migration issued a travel ban from May 2025 to May 2027 on September 6, 2024. His previous requests for free legal assistance were rejected by the presiding judge of the Federal Administrative Court as hopeless. - **[C.]** In the current procedure, A.________ requests that the Federal Court annul the interim decision of the lower court and instruct it to grant him free legal assistance.


2C_470/2025: Judgment on international mutual assistance according to DBA CH-DK

Summary of the facts

The Danish Tax Agency requested the Federal Tax Administration (ESTV) for mutual assistance regarding the tax affairs of A.________. It concerned undeclared assets and possible unreported income of the company B.________, whose owners are A.________ and his wife. The ESTV ordered the transmission of information, including asset data as of December 31, 2013. A.________ filed a complaint, as he believed that the transmission of the asset statement exceeded the requested tax year. The Federal Administrative Court dismissed the complaint, leading A.________ to ultimately appeal to the Federal Court.


7B_852/2025: Decision on the ordering of investigative custody

Summary of the facts

The Zurich Public Prosecutor's Office opened a criminal investigation against A.________ for criminal preparatory actions (Art. 260**bis** para. 1 lit. g StGB). He is accused of having prepared an improvised incendiary device, including containers with antifreeze and a gas cartridge. Further materials were discovered in his parents' house. The appellant was arrested on July 2, 2025, following a protective placement, and the coercive measures court ordered investigative custody. A complaint against the detention order was dismissed by the Cantonal Court of Zurich.


4A_409/2025: Withdrawal of the complaint and dismissal of the proceedings

Summary of the facts

The appellant filed a complaint on September 2, 2025, against the decision and judgment of the Cantonal Court of Zurich from August 25, 2025. In a letter dated September 5, 2025, he informed the Federal Court of the withdrawal of his complaint.


2C_24/2025: Decision on the non-extension of the residence permit and expulsion

Summary of the facts

A North Macedonian national, A.A.________, married a Swiss national, B.________, in 2019 and received a residence permit. Indications of a sham marriage led to the non-extension of the permit and expulsion in 2023. A later submitted request for family reunification of the appellant's children from a previous relationship was treated by the cantonal authorities as abusive and not further examined.


9C_186/2025: Judgment on party compensation in a social security process

Summary of the facts

A.________, a self-employed musician and partner of a GmbH, applied to the compensation fund of the Canton of Zurich for the reassessment of his social security contributions. The cantonal tax office reported income from self-employment, on which the contributions were based. A.________ contested the amount of the contributions, particularly regarding the inclusion of dividends, and filed an objection. The compensation fund rejected this. In the cantonal appeal instance, the objection decision was partially amended. Thereafter, the compensation fund filed a complaint with the Federal Court to contest the obligation to pay a party compensation imposed by the lower court.


4A_39/2025: Judgment regarding eviction from rented object (cloakroom)

Summary of the facts

The A.________ GmbH (appellant) rented premises in U.________ from the B.________ AG (respondent) for a limited duration and retained possession of a cloakroom despite a request for evacuation after the expiration of the lease. A rental agreement for the use of the cloakroom beyond the end date was not demonstrated. The respondent sued for eviction and compensation for the unauthorized use of the cloakroom.


5A_134/2025: Judgment regarding the challenge of the bankruptcy closure of a stock corporation

Summary of the facts

The A.________ AG in liquidation submitted a request for the withdrawal of the bankruptcy, which was not directed to the competent bankruptcy court but was sent by email to the bankruptcy office. The District Court of Frauenfeld subsequently declared the bankruptcy proceedings closed. The complaint against this was dismissed by the Cantonal Court of Thurgau, as there was no legally valid request. The A.________ AG and B.________ subsequently filed a complaint with the Federal Court.


1C_276/2025: Inadmissibility of an electronic complaint without a qualified electronic signature

Summary of the facts

The appellant A.________ had filed a complaint against a decision of the Court of Appeal of the Canton of Basel-Stadt dated May 19, 2025. This decision concerned precautionary measures and the forwarding of his "lawsuit" to the Justice and Security Department of the Canton of Basel-Stadt. The Federal Court found that the complaint was not provided with a qualified electronic signature and instructed the appellant to remedy this defect, which did not occur.


4A_627/2024: Decision on rental law: payment arrears and termination of a lease

Summary of the facts

The tenants A.________ and B.________ had payment arrears for the rent of commercial premises that were temporarily closed during the Covid pandemic. During the crisis, a temporary deferral of rent payments was agreed upon, but not a complete waiver. After the payments ceased and despite multiple reminders, the landlord terminated the lease due to the payment arrears. The tenants contested the termination and filed a lawsuit for its invalidity. In the lower instances, the validity of the termination was confirmed, and the eviction was ordered.


9C_417/2025: Dismissal of a request for free legal assistance

Summary of the facts

The appellants A.A.________ and B.A.________ have lodged a complaint against the decision of the Cantonal Court of Schaffhausen, which refused their request for free legal assistance for a tax procedure regarding additional taxes, default interest, and a fine, based on insufficient evidence of their financial situation.


5A_767/2025: Non-consideration of a complaint in the context of inheritance law

Summary of the facts

The appellant contested a will of her deceased father and initially brought the matter before the District Court of Aarau. The District Court did not consider the lawsuit due to insufficient improvement of the complaint. Subsequently, the Cantonal Court of Aargau also did not consider the appeal due to insufficient justification. With her complaint to the Federal Court, the appellant attempted to contest these decisions.


4A_410/2025: Decision on the inadmissibility of a complaint due to failure to exhaust the cantonal appeal

Summary of the facts

A.________ filed a complaint with the Federal Court against the decision of the Judge IV of the Tribunal du district de Sion dated July 22, 2025. This decision obligated him to vacate an apartment in U.________ and to pay the intimated B.________ and C.________ rental arrears of CHF 4,300 (plus interest). A.________ also demanded sanctions against various persons and institutions as well as compensation for physical and psychological damages. However, the Federal Court found that these demands were new and therefore inadmissible (Art. 99 para. 2 BGG).


8C_8/2025: Judgment on the dispute over benefits from accident insurance due to a work accident

Summary of the facts

A.________ suffered a work accident on November 11, 2021, when he fell from a scaffold and sustained injuries (including a Grade I cranial brain trauma, thoracic, shoulder, and hip injuries). The Swiss Accident Insurance Institution (Suva) temporarily provided healing treatment and daily allowance benefits but terminated these with a decision on March 31, 2023, and denied the claim for a disability pension or integrity compensation due to the lack of an adequate causal link between the accident and health damages.


2C_75/2024: Complaint of Ticketcorner Holding AG against the non-consideration decision of the Federal Administrative Court regarding merger plans

Summary of the facts

Ticketcorner Holding AG intended to merge its respective subsidiaries (Ticketcorner AG and Starticket AG) together with Tamedia AG. An in-depth review by the Competition Commission (WEKO) led to the prohibition of the merger plans. After Tamedia AG withdrew from the contract, the Federal Administrative Court declared the proceedings to be moot and did not consider the complaint. Ticketcorner Holding AG appealed to the Federal Court against this non-consideration decision.


4A_479/2024: Inadmissibility of the complaint in civil matters

Summary of the facts

A.________ and B.________ are co-owners of a building in which C.________ had rented an apartment. The lease was terminated due to rental arrears, leading to a legal dispute between the parties. The rental court reduced the rent due to defects and declared the initiated debt collection partially valid. The cantonal appeal instance rejected an appeal from A.________ and B.________ due to the lack of the required dispute value limit of CHF 10,000 as per Art. 308 para. 2 ZPO.


5A_802/2025: Inadmissibility of the late complaint in the marriage protection procedure

Summary of the facts

The parties have been married since 2012 and have been living apart since May 2023. In the context of a marriage protection procedure, the wife requested a change in the custody arrangement for the common children. The Cantonal Court of Solothurn decided to place the children under the sole custody of the wife. The husband filed a complaint with the Federal Court aiming to order alternating custody.


5A_769/2025: Inadmissibility in a debt collection matter

Summary of the facts

The appellant initially approached the District Court of St. Gallen regarding a loss certificate in a collection case. The District Court only partially considered the complaint and did not initiate a disciplinary procedure against the debt collection officer. The appellant then filed a complaint with the Cantonal Court of St. Gallen, which did not address it for formal reasons. The appellant finally brought the complaint in civil matters before the Federal Court.


5A_169/2025: Judgment regarding divorce and its ancillary matters (compensation for child support, division of occupational pension, and liquidation of the marital property)

Summary of the facts

A.A.________ and B.A.________ divorced after their marriage, which was concluded in 2012. In connection with the divorce, the maintenance contributions for the common children, the division of occupational pensions, and the liquidation of the marital property were regulated. The lower court had adjusted several points of the divorce judgment, which the appellant has contested before the Federal Court on various points, but did not provide sufficient and legally compliant justification.


8C_184/2025: Decision on the liability of the insurer in case of detection of previous disability

Summary of the facts

The insured A.________ claimed that the cantonal disability insurance office had not correctly advised her during the early detection phase, which caused her financial damage. She demanded compensation for the period during which she could have received a full disability pension had the advice been correct. The cantonal court rejected the claim, as did the Federal Court.


5A_761/2025: Decision on the admissibility of a complaint against the rejection of a revision request in the area of protective placement

Summary of the facts

The appellant, A.________, was placed in protective custody on April 18, 2025, but was released from the clinic the following day. He filed a complaint against this placement, which the FU Court of the Canton of Basel-Stadt did not consider on June 5, 2025. Subsequently, A.________ filed a revision request against this decision, which was dismissed by the FU Court on September 1, 2025. Here, the appellant filed a complaint with the Federal Court against this rejection decision.


4F_21/2025: Objection against judgment regarding revision request and subsidiary constitutional complaint

Summary of the facts

The applicant A.________ submitted a revision request and a "subsidiary constitutional complaint" against the judgment of the Federal Court dated June 6, 2025 (4D_77/2025). The judgment was not considered in the simplified procedure (Art. 108 BGG).


4A_361/2025: Withdrawal of a complaint due to lack of submission

Summary of the facts

The appellant A.________ requested the Federal Court to postpone the payment of a process cost advance claim of CHF 20,000 and to pay in installments after the lower court had rejected her request. It turned out that no complaint against the lower court decision was submitted within the legal deadline.


4A_302/2025: Inadmissibility of a complaint regarding court costs

Summary of the facts

The appellant requested the waiver of court costs in the amount of CHF 1,500.-- from the Cantonal Court of Thurgau, which the Cantonal Court rejected on May 8, 2025. Against this decision, she filed a complaint with the Federal Court, in which she demanded, among other things, the recusal of court members due to an alleged proximity to the "CLP" and the referral to a court that had not been previously involved. A late complaint supplement and a renewed request for suspensive effect were submitted to the Federal Court, which did not consider them.


5A_780/2025: Inadmissibility of the complaint in the context of a divorce regarding pension assets

Summary of the facts

The parties are German citizens who married in Germany in 2002 and entered into a notarized marriage contract regarding separation of property in 2006. Following a legally valid divorce by the Cantonal Court of Nidwalden, the respondent was ordered to pay various financial amounts, including a half division of his pension assets. The appellant contested the decision of the Cantonal Court of Nidwalden, which set the amount of the shareable exit benefit at CHF 347,283.50 and dismissed her appeal.


8C_280/2025: Decision regarding accident insurance (connection between accident and health damages)

Summary of the facts

The appellant, A.________, had an accident on May 13, 2011, when he fell from a ladder and injured his right shoulder. Despite medical treatment and a temporary payment of pension benefits, the accident insurance (Baloise Assicurazione SA) ceased benefits as of January 1, 2024, as no adequate causality between the physical and psychological impairments and the accident was assumed. The lower instance, the Insurance Court of the Canton of Ticino, confirmed this cessation of benefits and partially dismissed the complaint but stated that an integrity compensation of 10% was warranted. The appellant then filed a complaint with the Federal Court.


9C_333/2024: Additional tax proceedings for state and municipal taxes as well as direct federal tax, tax period 2019

Summary of the facts

A.________ was charged by the tax authority of the Canton of Nidwalden with additional taxes for the tax period 2019. This occurred following a report from the tax authority of the Canton of Lucerne, stating that A.________ had reportedly earned unreported income from a brokerage activity amounting to CHF 340,000. The additional taxes were set by decisions dated August 2, 2022. A.________ disputed the additional taxation, claiming to have only received the payment from the brokerage activity as a messenger, and presented a handwritten receipt for this. Following an objection and a complaint, the Administrative Court of the Canton of Nidwalden confirmed the additional tax decisions.


5A_775/2025: Decision on the admissibility of a late complaint

Summary of the facts

In the present case, A.A.________ challenged a decision of the civil chamber of the Canton Court of Geneva dated June 26, 2025 (ACJC/886/2025) with a complaint to the Federal Court, which was submitted after the expiry of the applicable deadline on September 15, 2025. Among other things, the calculation of the deadlines according to Art. 100 para. 1 BGG and Art. 46 para. 1 lit. b BGG was disputed.


1C_368/2025: Judgment on the recusal request and electronic legal traffic

Summary of the facts

The appellant filed a complaint against the dismissal of his recusal request, which was formally inadequate as it did not contain the qualified electronic signature required by the Federal Court Act according to ZertES.


4A_75/2025: Decision regarding rent adjustment in an indexed lease

Summary of the facts

The State of Geneva, tenant of a commercial building owned by the landlord A.________, requested a rent reduction due to a decrease in the reference interest rate. While the first instance confirmed a rent reduction and rejected the requests of the landlord, including a request for an expert assessment, this decision was confirmed by the cantonal appeal instance. A.________ then filed a complaint with the Federal Court.


8C_224/2024: Short-time work compensation for employees in the gastronomy sector during the pandemic

Summary of the facts

The A.________ AG submitted several advance requests for short-time work compensation due to delays in opening its gastronomy business caused by the Covid-19 pandemic. The Office for Economic Affairs and Labor of the Canton of Zug (AWA) later revoked some of the decisions made in favor of A.________ AG and partially refused the short-time work compensation from February 2021 on the grounds that the work loss was not unavoidable. The Administrative Court of the Canton of Zug dismissed the complaint filed against it to the extent that it considered.


4A_543/2024: Decision on the employment contract and loss of earnings during the COVID-19 pandemic

Summary of the facts

The A.________ SA signed a fixed-term employment contract with B.________ on January 14, 2020, whereby he was employed as a ticket seller from March 28 to October 18, 2020. Due to the COVID-19 pandemic and the associated restrictions, A.________ SA informed its employees on March 18, 2020, about a temporary suspension of employment contracts. By letter dated March 31, 2020, it declared B.________'s contract invalid and relieved him of his contractual obligations. The employee opposed this decision. The Cassa Disoccupazione UNIA later demanded payment of outstanding wages in its capacity as the legal successor of B.________ and sued for an amount of CHF 25,892.--. The Pretura Locarno-Città decided that A.________ SA must pay CHF 16,712.30. The Cantonal Court of Ticino confirmed this judgment and dismissed the appeal of A.________ SA, which then filed a complaint with the Federal Court.


4A_545/2024: Decision on the termination of an employment contract due to pandemic-related restrictions

Summary of the facts

An employer terminated a fixed-term seasonal employment contract due to the Covid-19 pandemic and corresponding restrictions. The employee opposed the termination and assigned his claims according to Art. 29 para. 2 LADI to the unemployment insurance fund. The unemployment insurance fund then sought outstanding salary payments in court, with the lower instances deciding partly in favor and partly against the employer. The case reached the Federal Court.