Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositives. For the subsequent rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There, you can configure your newsletter and receive the latest rulings tailored to your areas of law.
8C_229/2024: Decision on the Allocation of Disability Insurance Benefits for Autism Spectrum Disorder
Summary of the Facts
The disputed issue concerns the continuation of disability insurance (IV) in the form of a minor disability allowance (HE) after the affected insured, A.________, reaches the age of majority. He suffers from an autism spectrum disorder (TSA), classified as a congenital disability. Before reaching adulthood, he was granted IV benefits, including medical measures and disability allowance. After a review, the HE was discontinued as of January 1, 2024, since according to Art. 42 para. 3 LAI, a disability pension is required for psychological impairments, which is not present here. However, the lower court decided to continue the HE, prompting the Federal Office for Social Insurance (OFAS) to file an appeal.
Summary of the Considerations
1. The Federal Court examines the admissibility of the appeal and confirms its formal requirements. 2. The Court explains that the point of contention is based on the interpretation of the term "psychological impairment" in relation to "mental impairment" according to Art. 42 para. 3 LAI. 3. The lower court argued that TSA (autism spectrum disorder) should be classified as a "mental" and not "psychological" impairment, excluding the application of Art. 42 para. 3 LAI and its restrictive requirements. 4. The Federal Court refines the differentiation between "mental" and "psychological" impairment and emphasizes that this must be determined by a medical expert opinion. The crucial question is whether the affected person has an underlying developmental delay or cognitive deficit, which would categorize him as having a "mental impairment." 5. Due to insufficient medical clarification, the case is referred back to the competent insurance office for further examination, particularly through a medical expert opinion.
Summary of the Dispositive
The Federal Court overturns the decision of the lower court and refers the matter back for further clarification.
7B_832/2025: Non-admission due to insufficient reasoning
Summary of the Facts
The appellant filed an appeal in criminal matters against a decision of the Cantonal Court of Zurich, which did not admit her previously submitted appeal. The case concerned the discontinuation of a criminal proceeding, the recusal of a public prosecutor, and the change of official defense.
Summary of the Considerations
- (E.1) The lower court did not admit the appeal as it was not competent for the requests at hand. The appellant filed an appeal with the Federal Court against this decision. - (E.2) The Federal Court examined whether the appeal met the legal reasoning requirements. A differentiated engagement with the considerations of the lower court or the raising of formal objections (according to "Star Practice") was not evident. The appeal contained only appellate and general criticism, which is considered inadmissible. - (E.3) Due to the apparent hopelessness, the appellant's request for free legal assistance was rejected, and she was imposed a reduced court fee.
Summary of the Dispositive
The appeal was not accepted, and court costs were imposed on the appellant.
5A_605/2025: Decision of the Federal Court 5A_605/2025
Summary of the Facts
The appellant A.________ is being pursued by the respondent B.________ in several debt collection proceedings for a total amount of CHF 259,615.60. On June 23, 2025, the Geneva Debt Collection Office ordered the monthly wage garnishment of the appellant in the amount of CHF 6,845. The appellant filed an appeal against this order on July 4, 2025, according to Art. 17 SchKG, requesting suspensive effect. The president of the supervisory authority for debt collection and bankruptcy offices of the Canton of Geneva rejected the request for suspensive effect on July 16, 2025.
Summary of the Considerations
- **E.1:** The contested decision was qualified as an interim decision within the meaning of Art. 93 para. 1 BGG. The appeal route is available according to the rules for the main matter. - **E.2:** In proceedings regarding a provisional measure like the suspensive effect (§98 BGG), only violations of constitutional rights can be raised. Such objections must be presented clearly and in detail. The appellant did not meet these requirements. - **E.3:** The suspensive effect is not granted by law but is subject to the discretion of the supervisory authority. The prerequisites for a suspensive effect (non-obvious unfoundedness of the appeal and impending irreparable disadvantage) were not fulfilled. - **E.4:** The president of the supervisory authority correctly determined that the immediate implementation of the wage garnishment would not violate the appellant's minimum subsistence, as her income apparently covers the necessary expenses. - **E.5:** A violation of the right to be heard due to insufficient reasoning of the decision was denied; the considerations of the lower court were sufficiently motivated. - **E.6:** Further alleged legal violations, particularly regarding possible unconsidered income, were dismissed as unfounded or inadequately presented.
Summary of the Dispositive
The appeal is dismissed, court costs are imposed, and a party compensation is awarded.
8C_415/2025: Judgment on Unemployment Insurance: Procedural Prerequisite
Summary of the Facts
The appellant requested the waiver of a recovery of unemployment benefits amounting to CHF 15,313.35. The Office for Unemployment Insurance of the Canton of Bern rejected the waiver on the grounds that there was no good faith. The lower court agreed with this view and pointed out that the appellant had grossly negligently violated the reporting obligation for absences abroad.
Complete summary of the judgment can be found in the Portal.
2D_28/2024: Decision on the Assessment of the Written Bar Examination in the Canton of St. Gallen
Summary of the Facts
The appellant A.________ reattempted the bar exam after previously failing twice. After failing the written re-examination in autumn 2023, he requested a written decision, which was delivered to him on February 9, 2024. His appeal against this decision was dismissed by the Cantonal Court of St. Gallen. With a submission referred to as a subsidiary constitutional complaint, he requested the Federal Court to annul the cantonal decision and declare the examination as passed, as well as the issuance of the attorney's license. The appellant criticized, among other things, the composition of the examination commission, an alleged violation of the right to be heard, and the evaluation of his examination performance.
Complete summary of the judgment can be found in the Portal.
6B_533/2025: Dismissal of the appeal due to violence or threats against officials and violation of the Weapons Act
Summary of the Facts
A.________ was found guilty by the first instance court of the offense of violence or threats against authorities and officials according to Art. 285 StGB, attempted violence or threats against authorities and officials, and violation of the Weapons Act (LArm). The allegations relate to threats and illegal possession of weapons, with the incidents occurring particularly on November 15, 2022, in the prefecture and during his arrest. The cantonal appellate court amended the ruling, particularly regarding the return of certain seized items.
Complete summary of the judgment can be found in the Portal.
6B_400/2025: Judgment for sexual acts with a person incapable of judgment or resistance
Summary of the Facts
B.________ was sentenced in the first instance to 24 months of imprisonment (conditionally for two years) and a fine of CHF 3,000, as well as to pay compensation of CHF 6,000 to A.A.________ for sexual acts with a person incapable of judgment or resistance. Upon appeal by B.________, the second instance (Canton of Vaud) acquitted him. A.A.________ filed an appeal with the Federal Court against this ruling, requesting the cancellation of the lower court's ruling and the reinstatement of the conviction of B.________.
Complete summary of the judgment can be found in the Portal.
6B_451/2024: Judgment regarding obstruction of an official act and insult
Summary of the Facts
A. The appellant intervened during a police effects check and attempted to appropriate secured items. This led to a police operation in which the appellant resisted arrest with abrupt bodily movements and verbal insults.
Complete summary of the judgment can be found in the Portal.
6B_679/2025: Revision of a penal order and appointment of an official defense
Summary of the Facts
The appellant was convicted in 2021 for theft by penal order. In 2025, he requested a revision and the appointment of an official defense. The Cantonal Court of Zurich did not admit the request for revision and also rejected the request for the appointment of an official lawyer.
Complete summary of the judgment can be found in the Portal.
6B_1117/2023: Judgment concerning the accusation of attempted serious bodily injury, threats, and other offenses
Summary of the Facts
The appellant, A.A.________, was convicted by the Cantonal Court of Lucerne for multiple attempted serious bodily injuries, multiple qualified simple bodily injuries, and threats. Additionally, there were allegations of harm to C.________ and his daughter, as well as a physical altercation with D.________ using a table leg. A.A.________ committed several acts of violence against his approximately two-month-old daughter in the summer of 2018, such as holding her in a drawer, biting, and hitting. On October 28, 2018, he hit, shook, and threatened the child and her mother, C.________. On June 6, 2020, he beat D.________, who was lying on the ground, with a table leg. The Criminal Court of Lucerne sentenced him to 4 years and 3 months of imprisonment, credited the pre-trial detention, and revoked a previously granted conditional sentence. Upon appeal, the Cantonal Court of Lucerne reduced the prison sentence to 2 years and 11 months. It acquitted him in one case of the threat and violation of parental duties and refrained from revoking the conditional sentence.
Complete summary of the judgment can be found in the Portal.
4A_465/2025: Judgment concerning an appeal regarding tenant eviction
Summary of the Facts
The tenant (A.________) had entered into an indefinite rental agreement for an apartment with the landlord (Foundation B.________). Following an eviction request from the landlord, the Regional Court of Oberland decided that the tenant must vacate the apartment, under threat of forcible eviction. The Cantonal Court of Bern dismissed an appeal filed by the tenant against this decision. The tenant subsequently filed an appeal with the Federal Court and additionally requested suspensive effect, both of which were denied.
Complete summary of the judgment can be found in the Portal.
9C_558/2025: Inadmissibility of the appeal against a tax decision
Summary of the Facts
A.________ filed an appeal against a ruling of the Cantonal Court of Vaud, which questioned the admissibility of his complaint against a tax decision of the Cantonal Tax Administration. The complaint concerned a decision regarding the property transfer tax for the tax period 2023. The lower court dismissed the complaint dated March 13, 2024, due to tardiness. A.________ appealed to the Federal Court without discussing the lower court's reasoning or asserting specific legal errors.
Complete summary of the judgment can be found in the Portal.
6B_660/2025: Non-admission of an appeal related to a murder case and sentencing
Summary of the Facts
The appellant was sentenced by the Cantonal Court of Lucerne on May 8, 2025, to 20 years of imprisonment and a 15-year expulsion for murder. The appellant filed an appeal against the ruling, which he did not submit to the Federal Court either formally or materially according to the legal requirements. In particular, the submitted documents lacked the required handwritten signature and a substantiated reasoning.
Complete summary of the judgment can be found in the Portal.
6B_687/2024: Judgment on serious bodily injury and the question of sentencing and expulsion
Summary of the Facts
B.A.________ (father) and A.A.________ (stepmother) are accused of severely abusing and isolating their daughter C.________ over eight years (2011–2019). The abuses increased in frequency and severity from 2017 (including strangulation, very cold/hot water showers, use of caustic substances). As a result, the victim suffered significant psychological damage, including post-traumatic stress disorder.
Complete summary of the judgment can be found in the Portal.
6B_1297/2023: Judgment on expulsion and assault according to Art. 134 StGB
Summary of the Facts
The appellant was convicted of a violent attack in 2017, which injured several people. He was the main organizer of the attack and actively participated in it. The Cantonal Court of Bern confirmed the conviction and the expulsion ordered by the Regional Court. The appellant requested the Federal Court to change the conviction from "assault" to "brawling" and to waive the expulsion.
Complete summary of the judgment can be found in the Portal.
6B_694/2025: Inadmissibility of the appeal against the judgment of the Court of Appeals
Summary of the Facts
The appellant A.________ was convicted by the Police Court of the Canton of Geneva on February 11, 2025, for insult and racist discrimination. She received a fine of 60 daily rates of CHF 80 with probation and a probation period of three years. Additionally, she was ordered to pay damages and compensation to the injured party B.________. The second instance, the Criminal Chamber of the Court of Appeals of Geneva, confirmed this conviction on June 30, 2025, but increased the awarded compensation. The appellant appealed to the Federal Court, requesting her acquittal from the racist discrimination and the cancellation of the civil obligations.
Complete summary of the judgment can be found in the Portal.
4A_654/2024: Revision of the disqualification of a figure skater
Summary of the Facts
A Russian figure skater, who was disqualified and suspended for four years due to a positive doping test for trimetazidine dated December 25, 2021, requested the revision of the corresponding decision of the Court of Arbitration for Sport (CAS) dated January 29, 2024, before the Federal Court. She claimed to have discovered subsequently evidence that would support her argument.
Complete summary of the judgment can be found in the Portal.
6B_1122/2023: Compliance with deadlines for objections against penal orders: Delivery fiction and procedural due diligence
Summary of the Facts
A.________ was sentenced by penal order on December 6, 2022, for promoting unlawful residence in Switzerland to a conditional fine of 60 daily rates and a fine of CHF 1,000. The penal order could not be delivered and was considered delivered on December 19, 2022, according to delivery fiction. A.________ filed an objection on January 6, 2023, which was deemed late. The Cantonal Court of Aargau dismissed the appeal against this ruling.
Complete summary of the judgment can be found in the Portal.
7B_374/2025: Non-admission in the criminal complaint procedure
Summary of the Facts
The Cantonal Court of Thurgau did not admit an appeal by the private plaintiff A.________ on April 25, 2025, as she had not provided the required security in time. A.________ filed an appeal with the Federal Court, demanding that the Cantonal Court admit her appeal.
Complete summary of the judgment can be found in the Portal.
7B_697/2025: Inadmissibility of an appeal related to an order for production
Summary of the Facts
The A.________ GmbH was convicted in a penal order for violations of the Road Traffic Act. After filing an objection, the Public Prosecutor's Office of the Canton of Lucerne decided to request the managing director of the A.________ GmbH to submit the rental agreement for the relevant vehicle. The A.________ GmbH appealed against this decision to the Cantonal Court of Lucerne, which did not admit the appeal. Before the Federal Court, the A.________ GmbH requested the Cantonal Court to notarize its decision.
Complete summary of the judgment can be found in the Portal.
6B_89/2024: Violations of the Narcotics Act
Summary of the Facts
The appellant is accused of operating a cannabis indoor facility with 686 marijuana plants and THC values above 1% in 2018, as well as storing a significant amount of dried marijuana. The Cantonal Court of Glarus sentenced him in 2021 to a conditional prison sentence of nine months and a fine, without revoking any earlier conditional sentence. The Cantonal Court of Glarus also found him guilty in 2023 but increased the prison sentence to unconditional twelve months and extended the probation period of a previous conviction. The appellant appealed the judgment to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_972/2025: Order and maintenance of pre-trial detention
Summary of the Facts
An appellant was suspected of attempted serious property crimes such as fraud, disloyal business management, and forgery. Due to existing flight and collusion risks, the pre-trial detention of the appellant was extended multiple times. The appeal against the last extension was ultimately dismissed by the Cantonal Court of Valais. The appellant appealed to the Federal Court, requesting to be released from detention under the application of alternative measures (e.g., surrender of documents, wearing a GPS bracelet).
Complete summary of the judgment can be found in the Portal.
6B_733/2024: Partial acceptance of the appeal due to incorrect sentencing
Summary of the Facts
A.________ was convicted by the District Court of La Côte on February 5, 2024, for qualified gross violation of traffic rules to 180 daily rates at 30 CHF (conditionally, probation period three years) and a fine of CHF 1,080 (substitute prison sentence 36 days). The appellate instance (Criminal Appeal Chamber of the Cantonal Court of Vaud) increased the penalty to one year of imprisonment (conditionally, probation period three years) and confirmed the fine of CHF 1,080. On October 15, 2022, A.________ drove at 103 km/h (net) in a 50 km/h zone. A.________, a student born in 2002, had a clean criminal record with a young driving age.
Complete summary of the judgment can be found in the Portal.
6B_263/2024: Judgment on the accusation of embezzlement and unlawful receipt of social security benefits
Summary of the Facts
A.________ was accused of replacing 400 gold coins, which had been entrusted to him for safekeeping in a simple partnership with B.________, with coin rolls and thereby unlawfully enriching himself. Furthermore, he allegedly failed to report an asset increase of CHF 300,000 to the responsible social security authorities, resulting in him receiving additional social security benefits of CHF 13,936. The Cantonal Court of Thurgau confirmed the first instance judgment of the District Court of Kreuzlingen and found him guilty of embezzlement and unlawful receipt of social security benefits.
Complete summary of the judgment can be found in the Portal.
7B_567/2025: Judgment on the non-admission decision due to unpaid cost advance
Summary of the Facts
The A.________ GmbH filed an appeal against a decision of the Cantonal Court of Lucerne, which concerned a decision to dismiss and not admit. The Federal Court set multiple deadlines for the appellant to pay the cost advance according to Art. 62 para. 1 BGG, which it did not meet.
Complete summary of the judgment can be found in the Portal.
2C_495/2025: Inadmissibility of the appeal for restoration of deadlines
Summary of the Facts
An Italian citizen (born 1994) received a B EU/EFTA residence permit on May 24, 2019. After moving to the Canton of Ticino in October 2023, he applied to change the permit. This was rejected by the responsible cantonal authority on June 21, 2024, and the permit was revoked. After an unsuccessful challenge before the State Council of the Canton of Ticino, the appellant missed the deadline to submit a legal remedy before the cantonal administrative jurisdiction, as he did not pick up a registered letter in time. His application for restoration of the deadline was rejected. The appellant appealed this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_181/2025: Family reunification of the daughter of a resident mother
Summary of the Facts
The appellant, an Indian national with a residence permit in Switzerland, applied in May 2024 for family reunification of her minor daughter. The daughter has been living with her grandmother in India since 2016. The Migration Office and the Administrative Court of the Canton of Solothurn rejected the application. The background is that the five-year reunification deadline according to Art. 47 para. 1 AIG had expired in March 2020, and there were no important family reasons for a subsequent family reunification under Art. 47 para. 4 sentence 1 AIG.
Complete summary of the judgment can be found in the Portal.