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New Federal Court rulings from 20.10.2025

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 dispositive parts. For the other 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.

4D_141/2025: Waiver of Procedural Costs

Summary of the Facts

The appellant requested the waiver of court costs before the High Court of the Canton of Bern, which led to a decision of non-admittance. With a complaint to the Federal Court, he aimed to challenge this decision. However, the complaint did not meet the legal requirements for justification.

Summary of the Considerations

- E.1: The High Court of the Canton of Bern did not admit the request for the waiver of court costs. The appellant subsequently filed a complaint with the Federal Court, which evidently did not meet the legal requirements for justification. - E.2: Due to insufficient justification, the complaint was not further processed in the simplified procedure according to Art. 108 para. 1 lit. b BGG. - E.3: The request for free legal assistance was denied due to lack of success, and the court costs were imposed on the appellant. The other parties involved in the proceedings were not entitled to any party compensation.

Summary of the Dispositive Part

The complaint is not upheld, the request for free legal assistance is denied, and court costs are imposed.


6B_305/2025: Judgment on Criminal Offenses and Expulsion

Summary of the Facts

The appellant was convicted by the District Court of Olten-Gösgen for various offenses, including rape, threats, qualified simple bodily injury, and neglecting maintenance obligations, receiving a conditional prison sentence of 24 months and a conditional fine of 140 daily rates. Additionally, an expulsion was ordered for 8 years. The High Court of the Canton of Solothurn increased the prison sentence to 42 months and set the conditional fine at 150 daily rates. The appellant requested an acquittal from the Federal Court and contested the convictions as well as the sentencing and expulsion.

Summary of the Considerations

The Federal Court examined the appellant's objections against the findings of facts and the assessment of evidence by the lower court. It concluded that the comprehensively and understandably justified considerations of the lower court regarding the rape allegations were neither arbitrary nor unlawful under federal law. The statements of the respondent were deemed credible. Furthermore, there were no indications that could undermine the credibility of the respondent. The Federal Court confirmed the conviction for threats and qualified simple bodily injury. It found the statements of the respondent to be coherent and plausible. The appellant was unable to demonstrate any arbitrariness in their assessment. The conviction of the appellant for multiple coercion was also not contested. The lower court had taken into account the credible statements of the respondent as well as objective evidence, which supported the allegations. The conviction for neglecting maintenance obligations was also confirmed. The appellant had earned income during the relevant period but had made no payments for the maintenance of his daughter. The statements of the appellant rather confirmed his indifference towards the maintenance obligation. The sentencing was deemed correct by the Federal Court. A prison sentence of 42 months was justified, taking into account both the culpability of the act and post-offense behavior. The expulsion of the appellant was deemed lawful. No severe personal hardship was established, as the appellant could show comparatively little integration in Switzerland and reintegration in Bulgaria appeared reasonable. The civil claim for compensation of CHF 18,000.-- was confirmed. The appellant did not sufficiently justify his objections.

Summary of the Dispositive Part

The complaint was dismissed and the appellant was ordered to pay court costs.


4D_140/2025: Non-admittance of a Complaint (Cost Advance and Denial of Justice)

Summary of the Facts

The appellant filed a complaint against two orders of the Cantonal Court of Basel-Stadt. The first order (July 11, 2025) concerned the acknowledgement of a submission regarding a cost advance; the second order (July 15, 2025) rejected a complaint of denial of justice because the appellant had not correctly identified either the contested decision or the relevant proceedings. The appellant challenged these two orders of the Cantonal Court through a complaint to the Federal Court.

Summary of the Considerations

The Federal Court reviewed the complaint submission and found that it did not fulfill the justification requirements according to Art. 42 para. 2 and Art. 106 para. 2 BGG. Due to insufficient justification, it was decided not to admit the complaint in the simplified procedure according to Art. 108 para. 1 lit. b BGG. The reasoning of the lower court's decision was only reviewed summarily. No court costs were imposed (Art. 66 para. 1 sentence 2 BGG). No party compensation was granted (Art. 68 para. 3 BGG).

Summary of the Dispositive Part

The complaint was not admitted, no court costs were imposed, and no party compensation was granted.


6B_662/2025: Inadmissibility of the Complaint

Summary of the Facts

The Federal Court examined a complaint in a criminal matter, in which A.________ was convicted of defamation and sentenced to a conditional fine of CHF 600. The lower court had additionally ordered A.________ to pay 20 daily rates of CHF 30 with a probation period of two years. A.________ filed a complaint in criminal matters against the judgment of the lower court. However, she did not comply with the request for a cost advance from the Federal Court, which resulted in the procedure being declared inadmissible.


2C_434/2025: Jurisdiction and Requirements for the Complaint in a Disciplinary Matter Concerning Notaries

Summary of the Facts

A notary was reported to the cantonal disciplinary authority by a client in connection with estate consultations. The client believed that the notary had violated her duties, particularly concerning the financial contributions she received from her deceased mother. The first cantonal instances decided that the notary had fulfilled her duties properly and that the complaint was unfounded. This judgment was contested by the client before the Federal Court.


4A_380/2025: Decision Regarding Free Legal Aid in Liability Law

Summary of the Facts

An appellant requested free legal aid in the appeal proceedings before the Cantonal Court of Lucerne in connection with a liability case. The decision of the Cantonal Court to reject the application was challenged with a complaint to the Federal Court.


6B_188/2025: Decision Regarding the Embezzlement of Withholding Taxes

Summary of the Facts

Two members of the board of directors of a company that has since been liquidated (C.________ SA) were found guilty in the first instance of embezzling withholding taxes amounting to CHF 58,146.60. The lower court (Corte di appello e di revisione penale of the Canton of Ticino) acquitted the accused, as they were no longer able to remit the tax amounts in time. The public prosecutor's office filed a complaint with the Federal Court.


7B_1111/2024: Inadmissibility of the Complaint Regarding a Non-admittance of the Cantonal Court

Summary of the Facts

The siblings C.C.________ and D.C.________ have been in a long-standing dispute over their parents' estate, which also includes the majority shares in E.________ AG, which controls several subsidiaries, including A.________ AG and B.________ AG. The dispute involves civil, administrative, and criminal proceedings, particularly regarding the legality of property sales. In the criminal proceedings, the public prosecutor's office of the Canton of Zug discontinued the proceedings against unknown perpetrators and partially against I.________, the buyer of the properties, in 2024. The lower court did not admit the complaint of A.________ AG and B.________ AG against the discontinuation, as they lacked the status of injured parties.


4A_373/2025: Inadmissibility of a Complaint in an Employment Law Matter

Summary of the Facts

The complaint concerns an employment law dispute between A.________ (appellant) and B.________ (respondent). B.________ originally demanded a payment of CHF 29,992.-- in connection with an employment contract, later reducing the claim to CHF 24,137.--. The first instance awarded her CHF 11,268.95 net, which was confirmed by the higher court. With the complaint, A.________ contests, among other things, the lack of passive legitimacy and denied access to complete files.


4A_101/2025: Judgment on a Civil Dispute Concerning Unjust Enrichment

Summary of the Facts

A.________ (broker) and B.________ (seller) concluded a brokerage contract on October 10, 2019, for the sale of a property. The broker committed to providing all services necessary for the sale and was entitled to a commission of 2% of the sale price upon successful mediation. The buyer also paid the broker a commission of 3% of the purchase price before the purchase contract was concluded. After discovering this double payment, B.________ asserted claims for reimbursement due to unjust enrichment.


7B_672/2025: Request for Official Defense

Summary of the Facts

The appellant A.________ submitted a request for official defense in two criminal proceedings. The public prosecutor's office of the Canton of Zug rejected these requests, as they assessed the case as a minor offense. The High Court of the Canton of Zug confirmed this rejection. Against this decision, the appellant filed a complaint in criminal matters with the Federal Court, which reviewed the submission.


7B_1116/2024: Seizure of Assets and Discontinuation of Criminal Proceedings

Summary of the Facts

The A.________ AG and B.________ AG filed a complaint against the discontinuation of a criminal proceeding and the lifting of an asset seizure. The proceedings concern property sales and suspicion of money laundering and fencing. The lower court did not admit the complaint regarding the discontinuation order and dismissed the complaint against the release of a debt instrument.


9C_526/2025: Judgment on the Inadmissibility of a Complaint in the Field of Health Insurance

Summary of the Facts

The appellant filed a complaint against the judgment of the Cantonal Court of Basel-Landschaft dated August 6, 2025, in connection with an insurance dispute under health insurance. He also provisionally requested the recusal of a judge who was not involved in the proceedings.


9C_677/2024: Judgment on Additional Taxes and Taxation of Trust Assets

Summary of the Facts

The Cantonal Tax Office of Zurich opened a back tax procedure against A.A. and B.A. concerning the tax periods 2013-2019, as income from an American trust ("D.________ Irrevocable Family Trust") had not been taxed as income or wealth. The back taxes were initially assessed and partially adjusted after appeals, after which the Administrative Court of Zurich partially revoked the regulations regarding state and municipal taxes and referred the matter back to the Cantonal Tax Office for recalculation. The Cantonal Tax Office then appealed to the Federal Court regarding the attribution of the trust assets to the liable parties.


9C_572/2024: Rejection of the Complaint Regarding the Repayment Obligation of Subsidies

Summary of the Facts

The Fondation A.________ is a foundation that, through the merger, took over the assets and liabilities of another foundation, Fondation B.________, which had previously received subsidies from the disability insurance for construction projects. The Fondation A.________ was subsequently requested by the Federal Office for Social Insurance (BSV) to partly repay subsidies, as these were no longer used for the originally intended purposes. The Federal Administrative Court increased the repayment obligation. The Fondation A.________ requested a reduction of this amount before the Federal Court.


5F_47/2025: Request for Revision Against the Judgment of the Federal Court

Summary of the Facts

The applicant requested the revision of a Federal Court judgment (5A_566/2025), which did not admit his complaint due to insufficient justification. The applicant claimed that the Federal Court did not address his requests for a hearing and access to the files and did not assess the evidence.


1C_333/2025: Decision on the Interim Order of the BAZL Regarding the Conversion of Kägiswil Airport

Summary of the Facts

The applicant A.________ submitted a request to the Federal Office of Civil Aviation (BAZL) for the conversion of Kägiswil Airport into a civil airfield. Due to objections and missing approvals from landowners, the BAZL set a deadline for the applicant to obtain these; otherwise, a construction deduction was threatened. The applicant filed a complaint against this interim order with the Federal Administrative Court, which dismissed it to the extent that it was admissible. Thereafter, A.________ filed a complaint in public law matters with the Federal Court.


9C_680/2024: Decision on the Requirements for a Care Compensation

Summary of the Facts

The appellant, mother of a minor child, requested a care compensation for the time during which she interrupted her employment to care for her son. The son had suffered a bone fracture caused by a previously undetected bone cyst. The compensation office and the Cantonal Court of Lucerne denied a claim, as the medical documents did not confirm a severe health impairment as defined by law.


5A_852/2025: Inadmissibility of a Complaint Against a Divorce Judgment

Summary of the Facts

The District Court of Höfe divorced the parties on April 29, 2025, and announced the judgment in the dispositive part. The appellant requested the Federal Court to annul dispositive paragraph 8 of the divorce judgment and to refer the case back for recalculation of the division of pension assets. He also filed a request for reinstatement to the previous status according to Art. 148 ZPO.


7B_1117/2024: Judgment on the Complaint Against a Land Register Prohibition and Alleged Denial of Justice

Summary of the Facts

The A.________ AG and the B.________ AG contest the lifting of a land register prohibition regarding three properties by the High Court of the Canton of Zug. This prohibition was ordered by the public prosecutor's office of the Canton of Zug to secure assets in connection with a criminal procedure regarding fencing and money laundering against the accused I.________ and unknown perpetrators. The High Court had lifted the prohibitions and later did not admit the complaint of the complainants against a partial discontinuation order of the public prosecutor's office. The Federal Court examines in this judgment whether the complaint of the complainants is admissible, particularly concerning the alleged denial of justice.


7B_595/2024: Discontinuation of a Criminal Investigation in Connection with Disputed Property Sales

Summary of the Facts

The dispute between the siblings D.D.________ and E.D.________ over their parents' estate led to extensive civil, administrative, and criminal proceedings. The focus is on the contested sales of properties in U.________ and the transfer of assets through guarantee contracts. The complainants, three holding companies, requested the continuation of a criminal investigation by the public prosecutor's office of the Canton of Zug and the establishment of a formal denial of justice. The lower court, the High Court of the Canton of Zug, dismissed their complaint.


5A_849/2025: Decision on the Interim Appeal Against a Referral Decision in a Divorce Matter

Summary of the Facts

The parties married in Spain and took residence in Switzerland. After the respondent returned to Spain, the applicant filed for divorce in 2023. The Regional Court of Oberland issued an unfounded divorce judgment, which the respondent contested and requested a written justification. The High Court of the Canton of Bern annulled the judgment and referred the matter back to the Regional Court for justification. The applicant contested this referral decision before the Federal Court.


2C_541/2024: Judgment on the Question of Residence Permit After Absence from the Country

Summary of the Facts

A.A.________, a Turkish national, had been legally residing in Switzerland for over 21 years and left the country in 2017 for a stay in Turkey, after which her residence permit lapsed. After the death of her husband in 2022, she applied for a residence permit, which was denied by both cantonal authorities and the Administrative Court of the Canton of Zurich.


4A_242/2025: Complaint Against an Order of the Cantonal Court of Schwyz Regarding Non-admittance of Appeal in a Civil Matter

Summary of the Facts

The A.________ GmbH (appellant) sued B.________ (respondent) for payment of CHF 30,000.-- plus interest due to alleged damages from misleading credits. The District Court of March dismissed the lawsuit for lack of proof of damage. The Cantonal Court of Schwyz did not admit the appeal, as it did not meet the requirements of Art. 311 para. 1 ZPO, particularly lacking sufficient substantive engagement with the first instance's considerations and quantified requests.


7B_596/2024: Judgment Regarding Seizure and Denial of Justice

Summary of the Facts

The A.________ AG and the B.________ AG are in a dispute over the legality of the seizure of properties, the sale of which is disputed. The public prosecutor's office of the Canton of Zug had issued a seizure order, which was lifted by the High Court of the Canton of Zug. The appellants raised, among other things, a denial of justice and requested the reinstatement of the land register prohibitions and a referral for reevaluation. The proceedings are part of a larger conflict concerning the estate of the D.D.________ and E.D.________ family.


4A_381/2025: Non-admittance of a Complaint in a Tenant Eviction Procedure

Summary of the Facts

The appellants were previously ordered by the District Court of Uster to vacate an apartment and garage spaces. The High Court of the Canton of Zurich dismissed their appeal and confirmed the first instance judgment. The appellants then filed a complaint with the Federal Court.


9C_341/2025: Proceedings Regarding Tax Disputes for the Tax Years 2011-2015 in the Canton of Ticino

Summary of the Facts

The taxpayer A.________ was self-employed between 2011 and 2012 and was also an employee and sole shareholder of B.________ SA. The tax authority of the Canton of Ticino made various tax assessments, which the taxpayer contested in several complaints. The legal disputes concerned particularly the amount of income and wealth tax for the tax periods 2011-2015. The Cantonal Court confirmed the tax assessments of the cantonal tax authority for these periods. The taxpayer further appealed the judgment of the Cantonal Court to the Federal Court, claiming a violation of his right to legal hearing.


5A_592/2025: Judgment on Non-admittance of a Complaint in a Divorce Case

Summary of the Facts

The District Court of Zurich divorced the parties and did not order any post-marital support, nor did it divide pension benefits and established a marital property settlement. Regarding the interests of the children from 2018 and 2019, who do not reside in Switzerland, it did not admit the case due to lack of jurisdiction. The High Court of Zurich did not admit the appellant's appeal concerning child support, as the submission did not adequately address the considerations of the first instance judgment. The appellant later filed a complaint with the Federal Court, which was submitted late.


7B_631/2023: Access to Non-Final Criminal Orders by Third Parties

Summary of the Facts

A.________ was convicted of forgery by the public prosecutor of the Canton of Geneva by a penal order on June 9, 2023, to which she filed an objection. On June 15, 2023, she demanded that the penal order not be forwarded to third parties, especially the media, which was rejected on June 16, 2023. The Chambre pénale de recours of the Canton of Geneva dismissed her complaint against this decision on July 28, 2023. Thereafter, A.________ filed a complaint with the Federal Court on September 14, 2023, to prevent third-party access to the penal order and to establish the violation of her rights to the presumption of innocence and privacy.


4A_362/2025: Decision on Tenant Eviction

Summary of the Facts

The appellants were ordered by the District Court of Zurich to vacate their apartment and associated premises. Their appeal against this decision was dismissed by the High Court of the Canton of Zurich. With their complaint to the Federal Court, they sought a review of the judgment of the High Court as well as the granting of free legal aid. The Federal Court decided not to admit the complaint.


5A_575/2025: Inadmissibility of the Complaint Regarding Provisional Measures (Maintenance and Other Child Matters)

Summary of the Facts

The District Court of Winterthur, in a provisional measure decision, transferred sole parental custody over the son of the appellant, born on February 27, 2021, to the mother. It also regulated visitation rights, established a guardianship according to Art. 308 para. 1 and 2 ZGB, and ordered the appellant to pay child support and participate in a parenting course. The appellant filed a complaint with the Federal Court against the dismissal of his appeal by the High Court of the Canton of Zurich, requesting the annulment of all related measures.


7B_1231/2024: Recusal of Members of the Criminal Court of Schwyz

Summary of the Facts

The public prosecutor's office of Schwyz charged A.________ among others with professional fraud and other criminal offenses. After the main hearing on February 12, 2024, the public prosecutor's office modified the indictment based on an order of the criminal court. Consequently, A.________ requested the recusal of all members of the criminal court, which the Cantonal Court of Schwyz rejected. A.________ appealed against this decision to the Federal Court.