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New Federal Court rulings from 29.10.2025

Latest Verdicts 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. 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 areas of law.

5A_580/2025: Inadmissibility of the appeal regarding the remuneration of the curator in an adult protection case

Summary of the Facts

C.________, a person suffering from a motor-cerebral handicap since birth and legally incapable, is protected by a guardianship. A.________ took on the role of curator, leading to conflicts with the management of the care home E.________. After several changes in responsibilities, D.________, a lawyer, was temporarily appointed as curator. After her discharge from the curator functions, her fees and costs were set by the cantonal court and charged to the protected person. A.________ then filed an appeal regarding the cost responsibility of the curator and her activities. The case was eventually submitted to the Federal Court.

Summary of Considerations

The Federal Court confirms the application of federal jurisdiction provisions for the subsidiary constitutional complaint route according to Art. 113 ff. BGG. The corresponding decisions of the cantonal authorities met the requirements of the final-instance perspective. The appellant did not present sufficient reasons before the previous instance that would justify his direct legal impact or a personal legal claim. His position as a close relative and his limited function as curator did not justify his standing to appeal. The appellant also did not present clear and sufficiently substantiated constitutional grievances, which is why no substantive examination of the alleged violations of fundamental rights took place. Furthermore, it was determined that the assessment of the curator's activity is on a factual level that cannot be revisited.

Summary of the Dispositif

The appeal was declared inadmissible and the court costs were imposed on the appellant.


9C_50/2025: VAT dispute: Tax periods 2015 and 2016 of A.________ AG

Summary of the Facts

A.________ AG is part of a corporate group of four sister companies and was subject to VAT in the tax periods 2015 and 2016. In connection with irregularities in VAT accounting, the ESTV opened an administrative penalty procedure against the company and other parties involved. After extensive investigations and various hearings, a decision for additional VAT charges was issued. The company's appeal against this decision was partially upheld by the Federal Administrative Court, but mostly dismissed. The company then appealed to the Federal Court as a last resort.

Summary of Considerations

- **E.1:** The prerequisites for the competence of the Federal Court to hear the case are met, and therefore the appeal is admitted. - **E.2:** The Federal Court reviews the legal violations with full cognition. The alleged violations of fundamental rights by the ESTV are insufficiently substantiated. - **E.3:** The factual situation established by the previous instance is fundamentally taken over by the Federal Court and only corrected in the case of obvious errors. This was not the case here. - **E.4:** The appellant's arguments regarding procedural defects, damage to reputation, and violations of the right to be heard do not sufficiently address the previous decision. The corresponding grievances are not further addressed. - **E.5.** The criticism of the length of the proceedings and the rules of evidence is unfounded. The previous instance correctly assessed the actions of the ESTV. - **E.6:** The statute of limitations for the tax years 2015 and 2016 has not occurred. The actions of the ESTV and the previous instance regarding the limitation issues were permissible. - **E.7:** Overall, the appeal, to the extent that it is admitted, is unfounded.

Summary of the Dispositif

The appeal was dismissed, the costs were imposed on the appellant, and no party compensation was awarded.


1C_271/2024: Appeal against the granting of a building permit and a water protection exemption permit

Summary of the Facts

A.________ AG received building permits for the construction of multi-family houses and commercial buildings on a plot in Zell, which borders the water rights canal and the Töss. WWF Switzerland filed legal remedies against this, arguing that the necessary establishment of the definitive water space had not taken place and the transitional provisions were insufficient. The previous instances dismissed the legal remedies. The Federal Court is now examining compliance with federal requirements for the establishment of water space.

Summary of Considerations

(E.1) The appeal is admissible as significant public interests are at stake, particularly the assurance of compliance with federal law in establishing water space. (E.2) The contested decision is based on transitional water protection regulations, which do not, however, represent a definitive arrangement. (E.3) The construction project would fall within the future water space of at least 90 meters wide, which would jeopardize long-term revitalization. (E.4-5) The establishment of the water space has so far not taken place. A provisional securing through a planning zone or the postponement of the building permit would have been necessary.

Summary of the Dispositif

The appeal is upheld, the previous instance decides in favor of WWF Switzerland, and the matter is referred back to the Building Directorate of the Canton of Zurich.


8C_414/2025: Decision on procedural requirements in an unemployment insurance appeal

Summary of the Facts

The appellant A.________ filed an appeal on May 9, 2025, with the cantonal court of the Canton of Neuchâtel to contest a decision from April 7, 2025, regarding the refusal of unemployment benefits. However, the submission was insufficient as it lacked a personal signature and a copy of the contested decision. The cantonal court set a deadline for rectification, which was not met. Consequently, the Cantonal Court declared the appeal inadmissible on July 11, 2025. Before the Federal Court, the appellant filed another appeal.


8C_548/2025: Judgment on the inadmissibility of an appeal regarding social assistance

Summary of the Facts

The appellant contested a cantonal decision that confirmed the recovery of unlawfully received social assistance funds amounting to CHF 60,000. The appeal aimed to assert violations of federal law or constitutional rights.


5A_851/2025: Decision on legal aid in connection with bankruptcy proceedings

Summary of the Facts

The appellant, whose estate was already declared bankrupt by the District Court of Wiener Neustadt in 2013 and recognized by the District Court of Horgen in 2014, again applied for legal aid in connection with the completed bankruptcy proceedings. The District Court of Horgen dismissed the application to the extent that it was admitted. The Cantonal Court of Zurich did not admit the subsequent appeal, as it was insufficiently substantiated. The appellant then turned to the Federal Court.


9C_395/2025: Judgment on the procedural requirements of an appeal in the area of old-age and survivor's insurance

Summary of the Facts

A.________ appealed to the Federal Court against a decision of the Federal Administrative Court dated July 2, 2025, which required the payment of a cost advance. The appeal was directed against the cost advance decision and was supplemented by submissions dated July 22 and September 24 and 26, 2025.


9C_503/2025: Inadmissibility of the appeal regarding occupational pension

Summary of the Facts

The Social Insurance Court of the Canton of Zurich ordered A.________ GmbH to pay CHF 8,672.50 plus interest and a compensation of CHF 500 to the Helvetia Collective Foundation for Employee Benefits due to outstanding premium claims. The legal objection in the context of a debt enforcement procedure was lifted to this extent. A.________ GmbH contested this decision before the Federal Court, arguing among other things that the premiums were not owed as its only employee had been unable to work since 2023. This argument was not raised in the previous instance, and the appeal did not meet the legal justification requirements.


7B_619/2025: Non-admission in criminal proceedings – Dismissal of the appeal

Summary of the Facts

The appellant contested the non-admission decision of the Public Prosecutor's Office of Schwyz. This decision was confirmed by the Cantonal Court of Schwyz. The appellant then filed a criminal appeal before the Federal Court, which was deemed obviously inadmissible due to a lack of legal prerequisites.


9C_491/2025: Non-admission of an appeal regarding tax assessments and audits

Summary of the Facts

The appellant A.________ contested the announced audit of the Cantonal Tax Office of Aargau regarding the tax periods 2016–2023. The Administrative Court of the Canton of Aargau did not admit the appeal due to a lack of a permissible object of appeal, following which the appellant filed the appeal with the Federal Court.


9C_49/2025: Decision on tax demand and limitation in VAT

Summary of the Facts

A.________ AG was confronted by the Federal Tax Administration (ESTV) with a tax demand of initially CHF 58,732 for the tax years 2013-2017, later reduced to CHF 23,177. The additional demand concerned incomplete VAT statements as well as monetary benefits and incorrectly claimed input tax deductions. A.________ AG filed an objection and appeal against the ESTV's decision. The Federal Administrative Court confirmed the VAT demand for the years 2014-2016, while no claims were made for the years 2013 and 2017.


2C_638/2024: Judgment on a short-term residence permit for marriage preparation

Summary of the Facts

The appellant, a Madagascan citizen, entered Switzerland with a Schengen visa and applied for a short-term residence permit for marriage preparation with her Swiss fiancé. The Migration Office of the Canton of Zurich and other cantonal authorities rejected the application. The previous instance dismissed the appeal due to suspicions of a sham marriage and missing documents for the conclusion of the marriage preparation procedure. The Federal Court confirmed the decision and dismissed the appeal.


5A_884/2025: Judgment on the precautionary establishment of a representation guardianship with asset management

Summary of the Facts

The Child and Adult Protection Authority (KESB) Mittelland Süd withdrew the powers of appellant 2 according to the advance directive of appellant 1 and provisionally established a representation guardianship for him, appointing C.________ as guardian. The Higher Court of the Canton of Bern did not admit the cantonal appeal of the appellants, as it was insufficiently substantiated. Before the Federal Court, the appellants contested this non-admission decision of the Higher Court.


8C_515/2025: Judgment on the appeal regarding unemployment insurance

Summary of the Facts

A.________, the appellant, demanded the cancellation of reclaimed daily allowances amounting to CHF 9,237.75. The Social Insurance Court of the Canton of Zurich denied good faith as a condition for cancellation. The appellant then turned to the Federal Court.


5A_534/2024: Federal Court decision on the assignment of a claim according to Art. 260 SchKG

Summary of the Facts

In the bankruptcy proceedings of a company, two creditors, A.________ SA and Suva, requested the assignment of a claim against a third company. The bankruptcy office in Lugano initially granted the assignment to A.________ SA, which then collected the full amount of the claim through a transaction. Subsequently, Suva claimed to also have a right to the assignment and turned to the cantonal supervisory authority, which confirmed its right and ordered a division of the proceeds between the creditors. A.________ SA then appealed to the Federal Court against this.


5A_753/2025: Non-admission decision regarding a bankruptcy opening

Summary of the Facts

The Cantonal Court of Zug opened bankruptcy proceedings against the appellant (a GmbH in liquidation) on July 8, 2025, at the request of Suva. The appellant then filed an appeal with the Higher Court of the Canton of Zug, which did not admit the appeal on September 4, 2025, as the appellant had not paid the cost advance. The appellant appealed the non-admission decision to the Federal Court.


5F_62/2025: Judgment on a revision request regarding a burden register

Summary of the Facts

The applicants, half-owners of a property, filed an appeal against the burden register of the Arbon debt enforcement office. After several court decisions up to the Federal Court, the proceedings 5A_786/2023 were concluded on December 21, 2023. With a submission dated October 5, 2025, the applicants requested the revision of this judgment, based on possible errors or new facts according to Art. 121 and Art. 123 BGG.


9C_413/2025: Decision on the admissibility of the appeal in relation to the non-compliance with the provisions on payment of court cost advances

Summary of the Facts

The appellant A.________ filed an appeal with the Cantonal Tribunal of Vaud, Cour des assurances sociales, against a decision of the cantonal office for disability insurance. This was declared inadmissible as the appellant had not made the required advance payment on time. The appellant then filed an appeal with the Federal Court, without providing sufficient justification.


5A_870/2025: Non-admission of an appeal against an interim decision on the obligation to pay cost advances

Summary of the Facts

The appellant filed a mediation request with the Civil Circle Court Basel-Landschaft West, which was not admitted. The appellant then appealed this decision to the Cantonal Court of Basel-Landschaft. The Cantonal Court required the appellant to pay a cost advance or to submit a request for legal aid. The appellant subsequently filed an appeal with the Federal Court.


5A_885/2025: Decision on debt enforcement proceedings

Summary of the Facts

The appellant filed a complaint with the lower supervisory authority regarding the debt enforcement and bankruptcy office on May 13, 2025. This did not admit the complaint on May 23, 2025. A further appeal to the Appellationsgericht Basel-Stadt was not addressed on September 16, 2025, due to a missed deadline. A request for restoration of the deadline was submitted on October 3, 2025. The Appellationsgericht submitted this request to the Federal Court on October 14, 2025.


7B_1043/2025: Judgment regarding the start of punishment and postponement of enforcement

Summary of the Facts

A.________ was sentenced in 2021 by the Higher Court of the Canton of Zurich to a total sentence of 4 years and 6 months for violations of the Narcotics Act. The start of the sentence was postponed several times. Following a decision by the penal administration, she was ordered to start serving her sentence on February 25, 2025. Her complaints and requests for further postponements were dismissed by cantonal authorities. The Administrative Court of Zurich dismissed her appeal on August 29, 2025, and set the start of the sentence for October 7, 2025. A.________ then appealed to the Federal Court to further postpone the start of the sentence.


9C_47/2025: Review of the VAT demands of A.________ AG for the tax periods 2015 and 2016

Summary of the Facts

A.________ AG, a VAT-liable company, disputed additional tax claims with the Federal Tax Administration (ESTV) for the years 2014 to 2017. The demands arose from an accounting evaluation that revealed irregularities. After several procedural steps, the Federal Administrative Court partially dismissed the appeal. A.________ AG contested this decision with an appeal to the Federal Court, with only the additional claims for the tax periods 2015 and 2016 remaining in dispute.


7B_964/2023: Inadmissibility of an appeal against the decision of the previous instance regarding a non-admission order and fee regulation

Summary of the Facts

The central criminal chamber of the Canton of Valais confirmed a decision to terminate criminal proceedings against A.________ for various alleged offenses (breach of trust, fraud, disloyal management, and forgery). Statutes of limitations and lack of criminal relevance of the actions were determined. Nevertheless, it was established that A.________ must partially cover procedural costs due to his erroneous and unlawful behavior, while compensation under Art. 429 StPO was denied. The previous instance partially corrected this decision by finding a violation of the presumption of innocence and partially changing the cost regulation.


5A_580/2024: Judgment on custody, care, and maintenance between unmarried parents

Summary of the Facts

The unmarried parents A.________ and B.________ separated in 2022. From the relationship, two daughters were born. B.________ applied to the regional court for a regulation on custody, personal contact, and maintenance of the children. The regional court decided to leave the children under the sole custody of the mother, to exercise parental authority jointly, and to individually adjust maintenance payments. A.________ demanded alternating custody and reduced child maintenance contributions.


5A_347/2024: Judgment on the reduction in inheritance distribution case

Summary of the Facts

The deceased E.A.________ bestowed during his second marriage on his wife D.A.________ (Respondent 2) with lifetime gifts and established two trusts in Singapore, with C.________ Ltd. (Respondent 1) as trustee. An inheritance contract from 2005 established disproportionate compulsory share regulations. After the death of the deceased, the compulsory heirs (A.A.________ and B.A.________, appellants) contested the gifts invoking compulsory share protection. The proceedings focused on the preservation of deadlines for reduction claims.


8C_61/2025: Judgment on third-party payment of disability pensions

Summary of the Facts

The divorced wife A.________ requested, based on a civil debtor assignment according to Art. 132 para. 1 ZGB, that CHF 800 be paid monthly from her ex-husband B.________'s disability pension directly to her. The IV office of the Canton of Zurich rejected the debtor assignment. The Social Insurance Court of the Canton of Zurich overturned this decision and ordered the IV office to comply with the debtor assignment. The Federal Office for Social Insurance (BSV) appealed against this.


8C_479/2025: Decision on unemployment insurance and ability to work

Summary of the Facts

The appellant contested a decision of the Social Insurance Court of the Canton of Zurich, which excluded her claim for unemployment benefits due to lack of ability to work. The disputed issue particularly concerned the financing of third-party care for the children to enable the acceptance of a job.


2C_514/2024: Decision on the renewal of EU/EFTA residence permits

Summary of the Facts

A.________, an Italian citizen and resident in Switzerland since 2005, and her son B.________, born in 2017, had EU/EFTA residence permits until 2020. The cantonal authorities refused their extension due to lack of employment and dependence on social assistance. After their appeals were rejected by the Cantonal Council and the Administrative Court of the Canton of Ticino, the affected parties filed an appeal with the Federal Court, demanding the renewal of the permit.


7B_565/2025: Search and seizure: Admissibility of evidence and compliance with procedural regulations

Summary of the Facts

A.________ is accused of employing several people without prior approval as the managing director of two companies and exploiting their administratively precarious situation. Low wages were paid for heavy and long work. The Cantonal Public Prosecutor seized evidence during the investigations and ordered a house search. A.________ filed an appeal against these measures, demanding the return of the seized items and the declaration of the inadmissibility of the evidence. The previous instance dismissed the appeal.


7B_856/2025: Appeal regarding denial of rights and precautionary measures in criminal proceedings

Summary of the Facts

A.________, against whom a criminal investigation for attempted murder is ongoing, requested the participation of her defense attorney in the exploration discussions of a psychiatric assessment. The Public Prosecutor denied this. A.________ then appealed to the Higher Court of the Canton of Schaffhausen, which rejected a precautionary measure. The appellant subsequently turned to the Federal Court, which granted her a precautionary order. In the meantime, the Higher Court made a substantive decision, rendering the proceedings before the Federal Court moot.


8C_302/2025: Judgment on disability assessment (IV pension)

Summary of the Facts

The appellant A.________ registered for IV benefits in 2015 due to mental health problems and drug addiction. After investigations and several court proceedings, the IV office awarded her a full pension retroactively from 2015 and a three-quarter pension from 2016, based on an entry of the insured event in 2008. The cantonal social insurance court partially returned the matter to recalculate the pension amount based on an entry of the insured event in 2014. A.________ demanded a full pension from October 2016 before the Federal Court.


9C_48/2025: Judgment on the statute of limitations and VAT obligation

Summary of the Facts

A.________ AG and its sister companies were under investigation by the ESTV due to irregularities in VAT accounting. In connection with additional tax claims for the tax periods 2012-2016, additional charges were made. Furthermore, the ESTV initiated criminal proceedings against the Chairman of the Board B.B.________. A.________ AG filed legal remedies and argued, among other things, that the tax claims were time-barred.


8C_126/2025: Decision on the benefits of disability insurance

Summary of the Facts

The appellant, born in 1987, suffers from mental illnesses (phobia, anxiety disorders, burnout). After undergoing a retraining process for acupuncture, the disability insurance office of the Canton of Jura rejected his applications for pension benefits (2019) and financial support for additional training (2022). In a renewed application for benefits in February 2022, a comprehensive psychiatric assessment was conducted, which found no relevant incapacity for work. The appellant filed appeals against the denial decisions of the insurance office and subsequently against the cantonal decision.