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New Federal Court rulings from 22.10.2025

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 dispositions. 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 areas of law.

5A_470/2025: Judgment on the Suspension of a Collocation Process

Summary of the Facts

This case concerned the suspension of a collocation process, which the Cantonal Court of Zug ordered due to an ongoing ICC arbitration proceeding. The plaintiff, a company legitimized by the assignment of a bankruptcy claim, contested this suspension decision before the Federal Court after both the Cantonal Court and the High Court of the Canton of Zug had dismissed their complaints against it. The plaintiff argued that the suspension would lead to undue delays and that the outcome of the ICC arbitration proceeding was not prejudicial to the collocation process.

Summary of the Considerations

The Federal Court examines the admissibility of the complaint ex officio and considers the contested decision as an interim decision within the meaning of Art. 93 BGG. The complaint is admissible if there is a risk of irreparable harm. In cases of alleged denial of justice, the condition of irreparable harm is waived. According to practice, the suspension of a procedure under Art. 126 ZPO constitutes a procedural directive. The Federal Court only reviews the constitutionality of the interpretation in such discretionary decisions, particularly regarding the prohibition of arbitrariness. According to the lower court, the collocation process should be appropriately suspended as the ICC arbitration could prejudge the collocation process in some scenarios. The Federal Court agrees with this assessment. The complainant was unable to refute the prejudicial nature or demonstrate that the suspension clearly violates the principle of acceleration or other constitutional rights. The Federal Court rejects all objections against the suspension, as they are not based on arbitrariness. In particular, the court sees no violation of constitutional rights in the balancing of interests and the discretionary considerations of the lower court.

Summary of the Disposition

The complaint was dismissed, and the court costs were imposed on the complainant.


7B_431/2025: Non-admission of a Complaint in Criminal Matters and a Subsidiary Constitutional Complaint

Summary of the Facts

The complainant A.________ had submitted a request for disqualification against the competent public prosecutor in the cantonal proceedings. This was dismissed by the III Criminal Chamber of the High Court of the Canton of Zurich due to lack of jurisdiction. The subsequently filed appeal was not admitted by the II Criminal Chamber of the High Court of the Canton of Zurich due to the inadmissibility of the legal remedy.

Summary of the Considerations

- **E.1:** The Federal Court found that the only issue to examine here is whether the II Criminal Chamber of the High Court rightly did not admit the appeal. - **E.3:** The requests for relief from the complainant aimed at a renewed assessment of the disqualification request were outside the subject matter of the dispute and declared inadmissible. - **E.4:** Allegations by the complainant regarding undocumented agreements between judges and the renewed raising of already decided legal questions were qualified as querulous and thus inadmissible. - **E.5:** The Federal Court ruled that both the complaint in criminal matters and the subsidiary constitutional complaint are inadmissible.

Summary of the Disposition

The Federal Court did not admit the complaint and the constitutional complaint and imposed costs.


9C_87/2025: Judgment on Property Gains Tax in the Canton of Zurich

Summary of the Facts

The case centers on the tax-neutral transfer of a real estate portfolio of the respondent A.________ from a sole proprietorship to a corporation. The municipality of U.________ refused to defer the property gains tax on the grounds of tax evasion. After the Federal Court had already dealt with the case in a previous legal proceeding, the current procedure involved a renewed discussion about the qualification of the properties as business assets, the question of self-employment, and potential tax evasion.

Summary of the Considerations

- **E.1:** The complaint was submitted in due time and form. The municipality is entitled to file a complaint. - **E.2:** It was already clarified in the first legal proceeding that the properties transferred from the sole proprietorship to the corporation are to be qualified as business assets. - **E.3:** The existence of self-employment was argued. However, the Federal Court stated that the criteria for a business (including professional management and entrepreneurial activity) are met and that a review of self-employment is not necessary again. - **E.4:** The lower court denied the existence of tax evasion. The Federal Court stated that the restructuring complies with legal rules and that the economic reasons (especially estate planning) are comprehensible. Therefore, tax evasion is not recognizable.

Summary of the Disposition

The complaint was dismissed, and the court costs were imposed on the municipality, which also has to pay a party compensation.


8C_407/2025: Non-admission of the Complaint

Summary of the Facts

The complainants filed a complaint against a judgment of the Cantonal Court of Basel-Landschaft. They submitted a request for free legal aid, which was rejected by the Federal Court. They were imposed a cost advance, which they did not pay within the set deadline.


5A_635/2025: Inadmissibility of the Complaint

Summary of the Facts

The complainant A.________ filed a complaint on July 1, 2025, against a decision of the Child and Adult Protection Authority (APEA) of the districts of Martigny and St-Maurice dated September 16, 2024. However, her complaint was dismissed by the cantonal court of Valais due to lack of interest, since the beneficiary, her deceased mother B.________, died in December 2024, which according to Art. 399 para. 1 ZGB led to the automatic expiration of the guardianship. On August 8, 2025, A.________ filed a complaint with the Federal Court requesting the annulment of the APEA decision.


7B_851/2025: Inadmissibility of a Complaint in Criminal Law

Summary of the Facts

A.________ submitted a complaint to the Federal Court against a decision of the Chamber of Appeals of the Court of Justice of the Canton of Geneva dated August 21, 2025, which had dismissed her complaint against the non-initiation order of the public prosecutor of the Canton of Geneva regarding a complaint about alleged abuse of office by Public Prosecutor Lorena Henry.


5A_817/2025: Inadmissibility of the Complaint

Summary of the Facts

By decision dated March 27, 2025, the Child and Adult Protection Authority (KESB) Hérens-Conthéy ordered a super-provisional guardianship over the 97-year-old A.________. On April 22, 2025, this measure was confirmed, and a possible legal remedy was deprived of suspensive effect. B.________, the son of the affected person, contested the measures, particularly requesting the suspension of the proceedings and the restoration of the suspensive effect. The cantonal appeal instance dismissed the request on August 21, 2025. Subsequently, A.________ and B.________ filed a complaint with the Federal Court.


8C_468/2025: Judgment on a Social Assistance Complaint regarding Procedural Preconditions

Summary of the Facts

The complainant filed a complaint against a judgment of the Tribunal delle assicurazioni del Cantone Ticino, which dealt with a social assistance law issue.


7B_971/2024: Termination of a Criminal Investigation regarding a Death in a Clinic

Summary of the Facts

B.A.________ was treated in the C.________ clinic for anxiety-depressive symptomatology on April 5, 2023. On April 24, 2023, he took his own life by strangulation. The public prosecutor's office Lenzburg-Aarau initiated an investigation into the unusual death but terminated it on April 4, 2024. The spouse of the deceased, A.A.________, filed a complaint with the High Court of the Canton of Aargau, which dismissed the complaint. A.A.________ then approached the Federal Court and requested the continuation of the investigation.


5A_549/2025: Dismissal of the Complaint

Summary of the Facts

A.________ and B.________ had been married since 2010 and have a child together. After their separation in 2018, alternating custody was ordered. In 2021, the wife unilaterally filed for divorce. The judicial conflict involved issues such as parental custody, child support, and the allocation of payments from a cantonal family fund.


4A_65/2025: Legal Protection in Clear Cases regarding the Fulfillment of a Property Purchase Agreement

Summary of the Facts

The A.________ AG sold a property unit to B.________ in a development, the transfer of ownership of which is still pending in the land register. B.________ requested the single court to grant her sole ownership of the property and to instruct the land registry office to register it. The single court granted the request, against payment of the purchase and work price, but the appeal by A.________ AG to the High Court of the Canton of Zurich was unsuccessful. A.________ AG filed a complaint in civil matters with the Federal Court, aiming to annul the High Court’s judgment and not to admit the request.


2C_635/2024: Judgment regarding State Liability and Compensation for Degrading Detention Conditions

Summary of the Facts

The complainant A.________ was temporarily placed under detention conditions that he deemed inhumane and degrading, particularly due to the conditions in a security department of the district prison in Pfäffikon between January 6 and January 26, 2017. The lower court awarded A.________ compensation of CHF 4,000.—, against which he appealed to the Federal Court. He demanded a higher compensation, specifically CHF 30,000.—, as well as adjustments to the procedural cost regulation.


7B_958/2025: Inadmissibility of the Complaint

Summary of the Facts

The Federal Court dealt with a complaint from the Federal Criminal Court (Cour d'appel). The Federal Criminal Court had decided on August 19, 2025, to supplement the evidence and conduct further hearings, as the state of the proceedings required. In response, the Federal Ministry of Justice filed a complaint with the Federal Court on September 16, 2025.


7B_871/2025: Judgment on the Issue of a Request for Disqualification

Summary of the Facts

A.________ filed a complaint against a decision of the High Court of the Canton of Solothurn, which had not entered into a request for disqualification against the President of the District Court B.________ due to lateness. The main hearing in the criminal proceedings against A.________ took place despite the request. A.________ argued that his constitutional rights had been violated.


9C_5/2025: Military Duty Replacement Fee for the Year 2019

Summary of the Facts

The complainant, born in 1984 and naturalized in 2015, was originally not subject to military or replacement duty due to age. With the increase in the upper age limit for the replacement fee to 37 years starting January 1, 2019, he became liable for replacement duty and was ordered to pay the replacement fee for the year 2019 by decision of January 30, 2023. His cantonal legal remedies were unsuccessful.


5F_38/2025: Revision of a Federal Court Judgment

Summary of the Facts

The applicant requested the revision of a federal court judgment (5A_397/2025) dated June 10, 2025. The underlying proceedings concerned disputes regarding water damage and plantings of neighboring properties. The lower courts (District Court of Weinfelden, High Court of the Canton of Thurgau) and the Federal Court had already dismissed earlier requests from the applicant.


5A_865/2025: Non-admission Decision on a Debt Collection Complaint

Summary of the Facts

The Debt Collection Office Kleindöttingen executed several income garnishments against the complainant, including the entire income and a claim of CHF 1,500.--. The complainant requested the District Court of Zurzach to prohibit the Debt Collection Office from further garnishments of expenses. The District Court did not admit the complaint, nor did the High Court of the Canton of Aargau. Against the decision of the High Court, he filed a complaint with the Federal Court, but submitted it late and also failed to meet the formal requirements of the complaint.


8F_8/2025: Non-admission of the Revision Request concerning Social Assistance

Summary of the Facts

The applicant A.________ had submitted a revision request against an earlier judgment of the Federal Court dated October 4, 2024 (8C_487/2024). In this context, he was denied free legal aid and was asked to pay a cost advance of CHF 500.–, initially due by September 26, 2025 (extension). However, A.________ did not comply with this request.


9C_782/2023: Judgment on the Refund of Compensation from Health Insurance due to Uneconomic Treatment Methods

Summary of the Facts

A doctor with a practice pharmacy was sued by various health insurers because her treatment methods for the statistical year 2016 were deemed uneconomic. The cantonal arbitration court ordered her to refund CHF 57,935.-.


2C_26/2023: Judgment on the Use of Animal Species Designations for Vegan Meat Substitute Products

Summary of the Facts

The Cantonal Laboratory Zurich objected that Planted Foods AG used animal species designations such as "Poulet", "Schwein", and similar terms in the labeling of its vegan meat substitute products. It ordered the company to refrain from these designations. Following an appeal by Planted Foods AG, the Health Directorate and later the Administrative Court of the Canton of Zurich decided in favor of the company. The Federal Department of Home Affairs (EDI) then filed a complaint with the Federal Court to overturn these decisions.


9C_781/2023: Refund due to Uneconomic Treatment Methods in the Field of Health Insurance

Summary of the Facts

The complainant, a general practitioner, was ordered by a consortium of various health insurers to refund due to allegedly uneconomic treatment methods in the statistical year 2017. The cantonal arbitration court ordered her to repay CHF 75,670.–. The doctor then filed a complaint with the Federal Court.


5A_739/2024: Inadmissibility of the Subsidiary Constitutional Complaint and Dismissal of the Civil Complaint

Summary of the Facts

After the death of C.________ and D.________ in April 2024, there was a dispute over inheritance, as C.________ had killed her partner D.________ before committing suicide. A.________ requested that C.________ be listed on the inheritance certificate of D.________. The competent peace judge rejected this, as C.________ was excluded from the inheritance due to unworthy behavior according to Art. 540 para. 1 No. 1 ZGB. This decision was confirmed by the cantonal appellate authority. A.________ filed a complaint with the Federal Court.


4A_647/2024: Judgment on Property Rights to Real Estate and Legal Protection in Clear Cases

Summary of the Facts

The A.________ AG, owner of a property, had sold B.________ and C.________ an apartment and two underground parking spaces by a purchase contract dated March 2, 2022. However, the transfer of ownership did not take place, which is why the buyers requested the single court to order the transfer of co-ownership of the properties against payment of the remaining purchase price. The single court and subsequently the High Court of the Canton of Zurich dismissed the corresponding requests of the respondents.


9C_415/2025: Decision on the Admissibility of a Complaint in the Area of Old Age and Survivors' Insurance

Summary of the Facts

The complainant A.________ filed a complaint with the Federal Administrative Court against a decision of the Swiss Compensation Office. The Federal Administrative Court declared the complaint inadmissible due to formal deficiencies (missing signed copy of the legal document within the deadline). The complainant then filed another complaint with the Federal Court. The Federal Court informed him of the alleged formal deficiencies in his submission, which could have been corrected according to Art. 42 para. 5 BGG before the deadline expired.


9C_691/2024: Judgment on Disability Assessment

Summary of the Facts

A.________, a man born in 1970 who works as a cook, suffered a stroke on July 25, 2018. Due to the health consequences, he submitted a benefit request to the IV office of the Canton of Bern, which was rejected, as according to medical assessment, he could work in his previous profession at 50% and in an adapted position at 100%. An earlier appeal submitted to the lower court was dismissed.


7B_831/2025: Judgment regarding Non-admission of a Complaint and Dismissal of Free Legal Aid

Summary of the Facts

The A.________ GmbH in liquidation filed a criminal complaint against the Debt Collection Office of Schaffhausen. The public prosecutor's office did not take on the criminal investigation by decision. Subsequently, the A.________ GmbH requested free legal aid from the High Court of the Canton of Schaffhausen, whose request was dismissed due to the absence of civil claims and lack of victim status. It filed a criminal complaint against this decision with the Federal Court.


2C_554/2025: Inadmissibility of the Complaint against the Withdrawal of a Medical Practice Permit

Summary of the Facts

The complainant, Dr. med. A.________, had held a medical practice permit for medical activities in the Canton of Aargau since 2012. Due to allegations, the Department of Health and Social Affairs of the Canton of Aargau opened a disciplinary procedure and imposed precautionary measures. After final criminal convictions for sexual coercion and abuse in 2020, his permit for independent professional practice was revoked in 2024. Additionally, he was prohibited from holding an assistant position. Against the corresponding decision of the Administrative Court of the Canton of Aargau, which had not admitted his complaint, he filed a complaint with the Federal Court.


9C_313/2025: Dismissal of the Complaint regarding Pension Claims

Summary of the Facts

The complainant A.________ submitted a new application for disability insurance (IV) in August 2011, after a previous pension claim was rejected in 2008. After further examinations and an interdisciplinary expertise, the IV again denied a pension claim in December 2023. The Cantonal Court of Neuchâtel dismissed the complainant's appeal in April 2025, after which he appealed to the Federal Court demanding the granting of a full disability pension.


7B_448/2025: Refusal of Change of Official Defender

Summary of the Facts

The complainant was in pre-trial detention since July 12, 2024, on suspicion of drug smuggling. She repeatedly and in detail requested a change of her official defender, as the relationship with him was significantly disturbed due to linguistic and personal aspects as well as a lack of legal support.


8C_49/2025: Judgment on the Revision of a Disability Pension due to a Change of Status

Summary of the Facts

The complainant (A.________) had been receiving a full disability pension since 2004. After the birth of her son in May 2022, the IV office of Lucerne initiated a revision of the pension claim. Assuming that the complainant was now 100% engaged in household activities, the pension was revoked by decision dated September 28, 2023. A complaint against this was dismissed by the Cantonal Court of Lucerne on December 5, 2024. The complainant requested the Federal Court to annul the lower court's judgment and to continue the pension.


8C_323/2025: Obligation for Formal Decision-Making by the Accident Insurer INSAI

Summary of the Facts

An employee suffered an occupational accident in 2022, after which the accident insurance INSAI provided benefits. Following payment irregularities by the employer and his bankruptcy, the employee demanded further benefits directly from INSAI. The insurance refused a formal decision, arguing that it involved labor law disputes. The insured filed a lawsuit with the cantonal insurance court, which dismissed his claim.


5A_653/2025: Decision on the Request for Disqualification in Divorce Proceedings

Summary of the Facts

The complainant filed a request for disqualification of the competent district judge in the context of divorce proceedings before the District Court of Horgen. The request was dismissed in the first instance, as was the complaint raised against it before the High Court of the Canton of Zurich. In a submission to the Federal Court, the complainant requested the annulment of the High Court's decision and the approval of her request.


5A_112/2025: Annulment of Co-Ownership and Related Disputes

Summary of the Facts

The undeveloped plots in U.________ are co-owned by C.________ AG (1/2), A.________ AG (1/4), and B.________ (1/4). The C.________ AG applied to the Civil Court of Basel-Landschaft West for the annulment of the co-ownership through public auction, while A.________ AG and B.________ rejected this and applied for an auction exclusively among co-owners or alternatively a partition. The Civil Court ordered the public auction. Appeals and subsequent appeals before the Cantonal Court of Basel-Landschaft were unsuccessful. The A.________ AG and B.________ subsequently filed a complaint with the Federal Court.


5A_632/2025: Order of a Guardianship

Summary of the Facts

The lower court, the Chambre des curatelles of the Cantonal Tribunal of Vaud, confirmed the decision of the Justice de paix of the District of Jura-Nord vaudois from November 20, 2024, which ordered a guardianship (according to Art. 394 para. 1 and Art. 395 para. 1 ZGB) in favor of A.________. This measure was deemed necessary due to a diagnosed schizoaffective disorder, a paranoid personality disorder, and various addictions (THC and gambling).


5A_863/2025: Decision regarding Bankruptcy Threat

Summary of the Facts

The Debt Collection Office Basel-Landschaft issued a bankruptcy threat to the complainant, which was confirmed by the cantonal supervisory authority for debt collection and bankruptcy. The complainant objected that he had been deleted from the commercial register for more than six months and requested the annulment of the bankruptcy threat and further requests.


6B_45/2025: Judgment on Deportation and Registration in SIS

Summary of the Facts

A.________, a Kosovo national, was sentenced by the District Court of Zurich to a prison term of 30 months, of which 18 months were suspended, for professional theft, and was subjected to a five-year deportation order (including registration in SIS). The High Court of the Canton of Zurich confirmed the sentence but refrained from the deportation order. The High Public Prosecutor's Office of the Canton of Zurich requested the Federal Court to order it or to refer it back for new assessment.


1C_510/2024: Judgment on the Local Planning Revision and Clearing Permit in the Municipality

Summary of the Facts

After the merger of the municipalities of Andiast, Breil/Brigels, and Waltensburg/Vuorz, a connecting road between the fractions was planned as a binding component of the merger agreement. The municipality favored the "merger" variant as the shortest and most economical route. Objections were filed against the associated local planning revision and clearing permit. After the authorities at the cantonal level approved the plans, the administrative and federal courts also dismissed the complaints.


4A_63/2025: Legal Protection in Clear Cases regarding the Fulfillment of a Property Purchase Agreement

Summary of the Facts

A purchase agreement for a property in U.________ was concluded on March 30, 2022. However, the transfer of ownership has not yet taken place. The respondents B.________ and C.________ requested the single court in summary proceedings to grant them co-ownership in equal halves. While the first instance and the High Court granted the requests, the complainant A.________ AG filed a complaint and requested not to admit the request.


8C_679/2024: Judgment concerning Accident Insurance

Summary of the Facts

The complainant A.________, a car mechanic, suffered injuries to his cervical spine, right eye, and later his left shoulder in a rear-end collision on May 9, 2022. Initially, Suva provided benefits but ceased them as of November 15, 2022, stating that there was no longer a sufficient causal connection between the complaints and the accident. An appeal decision from Suva confirmed this. The lower court (Social Insurance Court of the Canton of Zurich) dismissed the subsequently filed complaint.


5A_728/2025: Inadmissibility of the Complaint

Summary of the Facts

A.________ approached the Federal Court with a complaint regarding denial of justice after the Civil Chamber of the Geneva Cantonal Court dismissed a corresponding complaint against the first instance court in Geneva. The complaint referred to the allegation that the first-instance court had caused an excessive delay in a family law matter (determination of paternity, alimony, and custody).


5A_853/2025: Decision on the Suspensive Effect and Precautionary Measures in Divorce Proceedings

Summary of the Facts

The District Court of Horgen regulated the separated living arrangement of the parties with a marriage protection decision, whereby the children were temporally placed under the sole custody of the mother and alternating custody. It allowed the mother to renew the children's passports and travel with them to Brazil. In the appeal proceedings, the father requested numerous measures, particularly the suspensive effect, a ban on passport renewal, and travel outside the Schengen area, as well as the deposit of all children's passports. The High Court of Zurich dismissed these requests. The father filed a complaint with the Federal Court against this decision.


7B_842/2025: Decision on the Non-initiation of a Criminal Investigation and the Security Deposit

Summary of the Facts

The A.________ GmbH in liquidation filed a complaint against a non-initiation order from the public prosecutor's office of the Canton of Schaffhausen. In connection with this complaint procedure, the High Court of Schaffhausen dismissed a request for free legal aid and demanded the payment of a security deposit, which A.________ GmbH ultimately sought to prevent through a complaint to the Federal Court.


7B_89/2025: Judgment on a Complaint against the Non-admission Decision of a Cantonal Court

Summary of the Facts

A traffic accident between a cyclist (complainant) and a tractor driver (respondent) led to an emergency stop, causing the complainant to fall and injure himself. A proceeding for negligent bodily injury against the tractor driver was discontinued by the public prosecutor's office. The complainant subsequently filed a complaint against this discontinuation, but the Cantonal Court of Schwyz did not admit it. The complainant appealed to the Federal Court against this non-admission decision.


7B_907/2025: Federal Court on the Tolerance of Detention and Suspension of the Complaint

Summary of the Facts

A.________, a Brazilian national, lives without a residence permit in Switzerland and Spain. She was arrested on July 21, 2025, and has been in custody since then. She is accused of operating an illegal prostitution network in the Canton of Vaud together with her partner B.________, which aimed to profit financially from the exploitation of women who are forced into prostitution. On July 23, 2025, the competent court ordered her provisional detention until October 20, 2025. The appeal against this was dismissed on August 12, 2025, by the Chamber for Criminal Remedies of the Canton of Vaud. On September 10, 2025, A.________ filed a complaint with the Federal Court aiming for her immediate release and also requested legal assistance.


5A_384/2024: Partial Approval of the Complaint regarding Parental Custody and Maintenance Obligations

Summary of the Facts

The unmarried parents of two children (born in 2013 and 2016) separated in 2021. The mother requested a legal regulation of parental custody and maintenance obligations. Initially, joint parental custody and alternating custody with weekly changes were ordered. The mother appealed against a cantonal decision to the Federal Court. She particularly objected to the modalities of alternating custody and the calculation of the child support owed to her, taking into account the father's income.