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 dispositions. For the subsequent 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 areas of law.
4A_37/2025: Rent Reduction Due to Officially Ordered Business Closures During the Covid-19 Pandemic
Summary of the Facts
The A.________ GmbH (tenant of the club) requested a rent reduction of at least 50% due to the Covid-19 related closures of its premises. The B.________ AG (landlord) rejected this. After the first instance and the cantonal court (High Court of Graubünden) dismissed the tenant's claim, it appealed to the Federal Court to enforce a rent reduction.
Summary of the Considerations
- **E.1:** The Federal Court stated that the requirements for processing the complaint are met. - **E.2:** The requirements for the justification of the complaint according to Art. 42 and Art. 106 BGG were explained. - **E.3:** The Federal Court bases its decision on the facts established by the lower court, unless there is an obvious error. - **E.4:** The lower court and the Federal Court unanimously concluded that the officially ordered closures due to the Covid-19 pandemic do not constitute a defect within the meaning of Art. 259a OR. Restrictions on business operations relate more to operational and not property-related characteristics of the rental object. A guarantee of the permanent use of the rental property as a club was also not proven. The entrepreneurial risks lie with the tenant. - **E.5:** The argument of the complainant regarding "clausula rebus sic stantibus" was not considered, as it was not sufficiently presented.
Summary of the Disposition
The complaint is dismissed, the court costs are imposed on the complainant, and she must pay the respondent a party compensation.
8C_422/2025: Decision on the Complaint Regarding the Termination of Eligibility for Unemployment Benefits
Summary of the Facts
An insured person filed a complaint against the decision of the Administrative Court of the Canton of Bern, which confirmed a termination of eligibility for unemployment benefits issued by the Office for Unemployment Insurance of the Canton of Bern. The appropriateness of the job search efforts during a specific period before the termination of the employment relationship was disputed.
Summary of the Considerations
- **E.1:** The Federal Court examines the requirements for the complaint according to Art. 95 and 97 BGG. It explains the necessity of a specific engagement with the considerations of the contested decision, whereby appellate criticism is inadmissible. - **E.2:** The lower court found that the complainant's job search efforts between termination and the end of the employment relationship were insufficient and confirmed the termination of eligibility. - **E.3:** The complainant does not sufficiently challenge the essential considerations of the decision but argues about irrelevant time periods that the lower court did not regard as significant. - **E.4:** Due to the lack of reasoning, the complaint is dismissed in the simplified procedure (Art. 108 Abs. 1 lit. b BGG). - **E.5:** Court costs are exceptionally not charged (Art. 66 Abs. 1 Satz 2 BGG).
Summary of the Disposition
The complaint is not addressed, and no court costs are incurred.
9C_15/2025: Judgment on the Assessment of Income and Wealth Taxes for the Tax Year 2011
Summary of the Facts
A.A.________ and B.A.________ filed a complaint against the tax assessment for the tax year 2011 by the tax administration of the Canton of Bern. Disputed points particularly concern the consideration of income from a community of heirs in Germany and property in the Canton of Graubünden when determining the income and wealth, as well as the issue of tax assessment limitation. At the lower court level, the complaints were partially dismissed or not considered.
Summary of the Considerations
- **E.1:** The Federal Court explains the admissibility of a joint complaint for cantonal and municipal taxes as well as direct federal taxes due to similarly regulated legal questions. - **E.2:** The requirements for the justification of complaints were explained. The Federal Court does not consider inadequately substantiated objections. - **E.3:** The dispute particularly concerned the consideration of income from a participation in a community of heirs in Germany and property in the Canton of Graubünden for determining income and wealth. The lower court confirmed the relevant consideration of this income. - **E.4:** Regarding an alleged legal delay, the Federal Court does not consider the complaint due to lack of justification. - **E.5:** The Federal Court clarifies that no assessment limitation has occurred; it refers to interruption and suspension actions by the tax administration as well as the appeal process. - **E.6:** Although a violation of the right to be heard in the lower court proceedings was found, its impact on the decision was assessed as minor and incidental.
Summary of the Disposition
The complaint was dismissed, and court costs of 2,000 francs are imposed.
5A_523/2024: Judgment on the Division of Inheritance
Summary of the Facts
The estate of D.________, who passed away in 1990, has not yet been divided. After the death of his wife E.________ in 2017, her heirs A.________ and B.________ requested a judicial division. The estates of D.________ and E.________ include real estate and liquid assets. In court, it was disputed whether the division of the two estates could take place together and what accounting values would apply to the properties.
Complete summary of the judgment can be found in the portal.
6B_685/2024: Inadmissibility
Summary of the Facts
A.________, a Serbian national, was convicted of various offenses such as aggravated robbery, trafficking in stolen goods, money laundering, unlawful use of a vehicle, serious violations of the narcotics law (LStup), and other offenses. The first decision regarding him was made by the Lausanne Criminal Court and was later partially modified by the Criminal Chamber of the Cantonal Court of Vaud. A.________ filed a complaint with the Federal Court, contesting among other things the evaluation of evidence and the severity of the sentence.
Complete summary of the judgment can be found in the portal.
5A_574/2025: Judgment on the Non-Consideration Decision in Debt Collection Matters
Summary of the Facts
The complainant is being pursued by the Debt Collection Office Bern-Mittelland in connection with a wage garnishment. After multiple revisions of his minimum subsistence calculation, the complainant requested consideration of an increased food requirement, which was rejected by the Debt Collection Office. His complaint to the High Court of the Canton of Bern was dismissed. He then filed a complaint with the Federal Court but did not comply with his obligation to pay the advance costs despite an extension.
Complete summary of the judgment can be found in the portal.
9C_200/2025: Judgment on VAT Assessment in the Provision of a Holiday Apartment
Summary of the Facts
The A.________ AG operates in the acquisition and management of assets and is registered as a VAT liable company with the ESTV. Following a control for the tax periods 2014 to 2017, tax corrections were made, leading to a tax demand. Disputed points included the assessment of the third-party price of a holiday apartment rented to a closely related person, as well as the private share of two company vehicles used privately by board members. The Federal Administrative Court partially overturned the ESTV's decision and referred the matter back for re-evaluation.
Complete summary of the judgment can be found in the portal.
5A_830/2025: Decision on the Non-Consideration Question of a Bankruptcy Appeal
Summary of the Facts
The A.________ GmbH in liquidation challenged the opening of its bankruptcy by the Regional Court of Berner Jura-Seeland through a complaint. However, the High Court of the Canton of Bern did not consider the complaint due to insufficient and unclear justification. An appeal was filed with the Federal Court.
Complete summary of the judgment can be found in the portal.
2C_603/2024: Judgment Regarding Family Reunification
Summary of the Facts
A.A.________, a holder of a residence permit from North Macedonia, initially applied in 2019 in another canton and later in 2022 in the Canton of Valais for family reunification for his wife B.A.________ and their two children C.A.________ and D.A.________. The applications were rejected due to non-compliance with the reunification deadlines and lack of significant family reasons. The complainants argued that the integration of the children and the desire for a shared family life in Switzerland were important reasons for the reunification.
Complete summary of the judgment can be found in the portal.
9C_429/2025: Inadmissibility of the Complaint Regarding Old Age and Survivors' Insurance (Employer Liability)
Summary of the Facts
The judgment refers to a complaint by A.________ against a decision of the Social Insurance Court of the Canton of Zurich. The latter confirmed the complainant's obligation to pay compensation for lost social insurance contributions amounting to CHF 27,133.70 based on employer liability according to Art. 52 AHVG.
Complete summary of the judgment can be found in the portal.
4A_160/2025: Decision on an Accountability and Agency Relationship
Summary of the Facts
The plaintiff (A.________) and the defendant (B.________) were in a paid agency relationship since the end of 2010. The defendant provided services for the plaintiff and held a power of attorney for his accounts. A rift occurred between the parties, after which the plaintiff requested the defendant to account for her activities. The defendant refused. The proceedings focus on the defendant's obligation to account for the period from 2015 to 2019 as well as a specific activity from 2018.
Complete summary of the judgment can be found in the portal.
2D_9/2025: Decision on the Timely Submission of Legal Remedies in Connection with the Revocation of Residence Permits
Summary of the Facts
The Migration Office of the Canton of Zug revoked or did not extend the residence permits of the complainants, with the decision being delivered by A-Post Plus on Saturday, June 15, 2024. The complainants filed a complaint with the Cantonal Council of Zug on July 8, 2024, which did not consider the submission due to missing deadlines. The Administrative Court of the Canton of Zug confirmed this decision. The complainants argued before the Federal Court, among other things, the violation of good faith and the right to be heard.
Complete summary of the judgment can be found in the portal.
4A_239/2025: Tenant Eviction and Legal Protection in Clear Cases: Examination of the Bad Faith of a Termination Due to Payment Default.
Summary of the Facts
The B.________ AG (tenant) rented office space and a parking space from the A.________ AG (landlord). After several years, the landlord retroactively declared that outstanding rents since October 2019 should be settled by direct payment rather than offsetting and terminated the rental agreement due to payment default. The respondent contested the termination as being in bad faith. The landlord's attempt to achieve an eviction in the summary procedure was rejected by the cantonal authorities, referring to the potential violation of the principle of good faith.
Complete summary of the judgment can be found in the portal.
2C_50/2025: Review of the Legal Issues in the Context of an Application for a Residence Permit and an Expulsion Order
Summary of the Facts
The Serbian national A.________ was repeatedly checked in Switzerland without valid residence papers. The Migration Office Basel-Stadt expelled her from Switzerland based on an expulsion order. At the same time, A.________ applied for a residence permit on the grounds that she lived with her Swiss partner and was pregnant. The lower courts did not consider the application and confirmed the expulsion. A.________ requested a comprehensive review of her application before the Federal Court and demanded that the procedures for residence permit and expulsion be consolidated.
Complete summary of the judgment can be found in the portal.
5A_837/2025: Decision Regarding the Recusal Request and Complaint Against Debt Collection Decision
Summary of the Facts
A.________ and B.________, the complainants, filed a recusal request against judge Irene Rössler as well as a complaint against the Regional Debt Collection Office Reinach. The High Court of the Canton of Aargau rejected the recusal request. The complainants then filed a complaint with the Federal Court, but their submission did not contain sufficient justification for the alleged violation of legal norms.
Complete summary of the judgment can be found in the portal.
4A_337/2025: Inadmissibility of the Complaint
Summary of the Facts
The complainant A.________ Gesellschaft mbH & Co. KG contested in a complaint to the Federal Court a decision of the Commercial Court of the Canton of St. Gallen, which had obliged her to pay the respondent B.________ AG an amount of CHF 63,397.65 plus interest.
Complete summary of the judgment can be found in the portal.
4A_164/2025: Judgment on International Sports Arbitration: Jurisdiction, Composition of the Arbitration Tribunal, and Right to Be Heard
Summary of the Facts
A Hungarian swimmer (complainant) was suspended by the Hungarian Anti-Doping Agency (HUNADO; respondent) for four years due to a doping violation according to the Anti-Doping Rules 2021. The complainant appealed to the Tribunal Arbitral du Sport (TAS) to overturn the decision, which confirmed the decision of HUNADO. A complaint to the Federal Court sought the annulment of the TAS decision and the declaration of its lack of jurisdiction as well as a referral back. The Federal Court dismissed the complaint.
Complete summary of the judgment can be found in the portal.
9C_243/2024: Decision Regarding Cantonal Tax on Gifts in the Canton of Vaud
Summary of the Facts
The taxpayer A.________ was assessed by the cantonal tax administration of the Canton of Vaud for an amount of CHF 13,311 as gift tax for the tax period 2022 with a tax notice dated October 13, 2022. This was done under the assumption that a contract between her and her father, B.________, for CHF 300,000 constituted a gift. A.________ filed a complaint against the notice and later submitted a modified contract intended to replace the original agreement. The complaint was rejected by the tax administration on July 10, 2023. The Cantonal Court of Vaud likewise dismissed the subsequent complaint and confirmed that the tax for the tax period 2022 was to be paid.
Complete summary of the judgment can be found in the portal.
5F_50/2025: Revision of the Wage Garnishment Application
Summary of the Facts
The applicant requested the revision of the Federal Court judgment 5A_727/2025, which did not address his complaint against a wage garnishment notification from the Debt Collection Office Bern-Mittelland. He presented new facts and evidence that, in his opinion, would justify a revision.
Complete summary of the judgment can be found in the portal.