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 with facts, considerations, and dispositions. For the additional 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.
7B_77/2025: Decision on Revision and Inadmissibility of the Recusal of Cantonal Judges
Summary of the Facts
The appellant was previously convicted by the cantonal court for multiple sexual abuse and rape. He sought a revision of the judgment and the recusal of the cantonal judges and a court clerk. The revision was partially granted, but also partially rejected. The proceedings for the individual offenses were separated by the lower court, with one part referred back to the public prosecutor's office for further investigation.
Summary of the Considerations
The appellant requested the recusal of the cantonal judges and the court clerk, citing alleged bias and serious procedural errors. The Federal Court rejected this, as there were no objective signs of prior bias. Regarding the demand for a comprehensive annulment of the original judgment, it was decided that this was not possible, as the appeal had already been conclusively addressed concerning parts of the convictions. The lower court separated the proceedings for the different offenses. The Federal Court deemed the disjunction of the proceedings legally correct, as the investigation concerning one plaintiff was completed and no legal disadvantages would arise for the appellant. The costs for the revisions were appropriately distributed, with the appellant being burdened only partially due to the partial success of the revision proceedings. The appellant's request to increase his defense attorney's fee was deemed inadmissible, as he was not entitled to appeal in this regard.
Summary of the Disposition
The complaints were dealt with together and rejected; the provision of free legal aid was denied, and the court costs were imposed on the appellant.
4A_606/2024: Decision Regarding Provisional Legal Opening
Summary of the Facts
A.________ Sàrl requested a provisional legal opening (Art. 82 SchKG) against B.________ SA for a claim of CHF 233,100.– based on a mandate contract and a subsequent payment plan. The lower courts rejected the legal opening proceedings based on the objection of non-performance raised by B.________ SA, as the counter-performance by A.________ Sàrl was not sufficiently proven.
Summary of the Considerations
The Federal Court declared the complaint admissible, as the value of the dispute exceeded the threshold according to Art. 74 para. 1 lit. b BGG. The court clarified that the complaint can only be based on legal violations that are sufficiently substantiated. No obvious violations by the cantonal court were found. The alleged violation of the right to be heard (Art. 29 para. 2 BV) was rejected, as the appellant had sufficient opportunity to express himself through his representative and did not make corresponding requests himself. The new evidence presented by the appellant at the cantonal level was also not deemed admissible before the Federal Court, as the requirements of Art. 326 ZPO were not met and the new evidence was not relevant for the judgment. The objection of non-performance was justified. The lower court determined that the payment obligation in the contract was linked to the proper execution of the commissioned work. The appellant could not sufficiently prove the fulfillment of the contract. The text of the submitted mandate contract and the payment plan did not indicate an unconditional payment obligation.
Summary of the Disposition
The Federal Court rejected the complaint and ordered the appellant to pay court costs and compensation.
9C_233/2025: Decision Regarding Taxation Due to a Transposition
Summary of the Facts
The judgment concerns the taxation of an income of CHF 750,000, which was imposed on the plaintiffs (A.A.________ and B.A.________) in the context of taxation for the tax period 2020. The income was determined from the difference between the market value (CHF 780,000) and the nominal value (CHF 30,000) of 30 shares contributed by the plaintiffs to the holding E.________ Sàrl. The tax authorities and the cantonal courts decided to tax this income as a result of a transposition.
Summary of the Considerations
The complaint is formally admissible, although the plaintiffs also directly challenged the earlier cantonal decision, which is inadmissible. The Federal Court examines legal questions independently, while factual findings are only corrected if they are obviously erroneous or arbitrary. The plaintiffs complain of a violation of their right to be heard, as a hearing of important persons – such as the taxpayer, the seller, and the banker – did not take place. However, the Federal Court finds the procedure of the lower court expressly sufficiently justified and the objection unfounded. The lower court confirmed that the objective conditions for the transposition were met, in particular: 1. Transfer of the 30 shares through the private assets of the taxpayer. 2. Control of the taxpayer over the holding. 3. Transfer at a value above the nominal value. 4. Consideration in the form of a loan to the taxpayer. The plaintiffs could not refute the clear legal situation. Their argument of a supposed “substitution of parties” proved unfounded, as the documents and the tax declaration confirmed the opposite conclusion.
Summary of the Disposition
The complaint is rejected and the court costs are imposed on the complainants.
6B_986/2023: Criminal Proceedings Regarding Qualified Embezzlement, Disloyal Management, and Attachment Fraud
Summary of the Facts
The court assesses two criminal proceedings against A.A.________ (case 6B_986/2023, concerning multiple allegations of qualified embezzlement, disloyal management, and attachment fraud) as well as B.A.________ (case 6B_1001/2023, concerning the return of seized assets). A.A.________ requests, among other things, acquittals regarding the convictions and the release of seized assets. B.A.________ requests the annulment of the account freeze and the return of the assets.
Complete summary of the judgment can be found in the Portal.
5A_858/2025: Withdrawal of the Complaint in a Procedure Concerning Guardianship and Family Psychiatric Expertise
Summary of the Facts
A.________ filed a complaint on October 6, 2025, against the decision of the Chambre de surveillance of the Cour de justice of the Canton of Geneva from September 2, 2025. It concerns a curatelle d’assistance éducative for the son of the parties and a family psychiatric expertise. On October 15, 2025, the complainant declared the withdrawal of the complaint.
Complete summary of the judgment can be found in the Portal.
2C_566/2025: Non-Treatment of an Obviously Inadmissible Complaint
Summary of the Facts
The complainant A.________ submitted numerous documents to the Federal Court, including submissions labeled as "complaint," which were directed against various decisions of authorities in the Canton of Zurich. The submissions, which included a wide variety of documents, were completely disorganized in their structure and exhibited querulous traits. It is not the responsibility of the Federal Court to filter out any admissible complaints from such a multitude of documents.
Complete summary of the judgment can be found in the Portal.
8C_163/2025: Rejection of the Refund Relief of Benefits in Short-Time Work
Summary of the Facts
A company (A.________ Sàrl) in the beverage distribution sector applied for short-time work compensation during the Covid-19 pandemic. After a review, the SECO found that payments amounting to CHF 199,049.90 were made unjustly and demanded reimbursement. A request from the company to the cantonal authority (DGEM) for relief from the reimbursement was denied, as there was no basis for good faith. The lower court confirmed the decision.
Complete summary of the judgment can be found in the Portal.
8C_567/2025: Inadmissibility in the Area of Disability Insurance
Summary of the Facts
The complainant, A.________, had contested a decision of the IV office for insured persons abroad in the lower courts, which denied her claim for a disability pension. The IV office relied particularly on a medical report from Neurology Toggenburg AG. The Federal Administrative Court found that the decision of the IV office was lawful. The complainant subsequently filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_531/2025: Non-Acceptance of Complaint Due to Insufficient Grounds
Summary of the Facts
The complainant A.________ lodged a complaint against the judgment of the Administrative Court of the Canton of Zug from August 19, 2025. The lower court did not accept the complaint and the appeal submitted by him. The subject of the dispute were the state and municipal taxes as well as the direct federal tax for the tax periods 2016-2017.
Complete summary of the judgment can be found in the Portal.
6B_1278/2023: Federal Court Judgment Regarding Brawling and the Principle of Indictment
Summary of the Facts
The complainant A.________ was convicted by the lower courts in connection with a physical altercation on February 9, 2021, involving several persons, for brawling. The altercation resulted in injuries to several participants. The complainant actively participated according to the lower courts, including striking the private complainant with a piece of wood. Allegations of assault and serious bodily injury were partially rejected. The case also concerns the specification of the indictment facts and possible translation deficiencies during the interrogations.
Complete summary of the judgment can be found in the Portal.
7B_1035/2025: Inadmissibility of a Complaint Regarding a Discontinuation Order
Summary of the Facts
The heirs of the deceased A.A.________ filed a complaint against the discontinuation order of the public prosecutor of the Canton of Geneva from January 16, 2025. This was rejected by the criminal complaints chamber of the Canton of Geneva on August 29, 2025. The complainants then brought their complaint to the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_513/2025: Judgment on the Procedural Requirement in Supplementary Benefits
Summary of the Facts
The Federal Court deals with the complaint of A.________ against the decision of the Cantonal Court of Schaffhausen. The subject of the dispute is the annulment of a claim for supplementary benefits to AHV/IV in the amount of CHF 2,324.80. The lower court denied the good faith of the complainant, as he had not fulfilled his reporting obligation regarding a change in the imputed rental value.
Complete summary of the judgment can be found in the Portal.
5A_390/2025: Annulment of Provisional Measures
Summary of the Facts
A mother of five children requests the Federal Court to annul two provisional measures of the lower court. These measures include the withdrawal of the right to determine the residence of two of her children (D.________ and C.________), followed by the placement of these children. The mother argues that the measures are disproportionate and cites her willingness to cooperate as well as a supporting expert opinion that recommended keeping the children with her under certain conditions. At the same time, she requests the provision of free legal aid.
Complete summary of the judgment can be found in the Portal.
6B_1283/2023: Judgment on the Principle of Indictment and Sentencing in the Case of Attempted Serious Bodily Injury, Assault, and Brawling
Summary of the Facts
The proceedings concern several allegations against the complainant A.________, including attempted serious bodily injury, assault, and brawling in connection with a physical altercation on February 9, 2021. The District Court of Zurzach initially acquitted A.________. On appeal, he was sentenced by the Court of Appeal of the Canton of Aargau to five years of imprisonment and ten years of expulsion. A.________ appealed the judgment to the Federal Court and particularly complained about the violation of the principle of indictment and deficiencies in the factual findings.
Complete summary of the judgment can be found in the Portal.
9F_11/2025: Non-Acceptance of a Revision Request Due to Non-Payment of Advance Fee
Summary of the Facts
The applicant A.________ requested on June 16, 2025, the revision of a Federal Court judgment from May 6, 2025. The revision request concerned a dispute in the area of health insurance. The advance for the procedural costs was not transferred in time despite set deadlines. Therefore, the Federal Court declared the request inadmissible.
Complete summary of the judgment can be found in the Portal.
4D_129/2025: Non-Acceptance of the Complaint Regarding Legal Opening
Summary of the Facts
The complainants A.________ and B.________ first unsuccessfully filed a complaint with the Regional Court Oberland against a legal opening decision from April 10, 2025. The Court of Appeal of the Canton of Bern rejected their renewed complaint on June 30, 2025. The complainants then submitted an application on July 15, 2025, initially to the Federal Administrative Court, which forwarded the submission to the Federal Court due to lack of jurisdiction.
Complete summary of the judgment can be found in the Portal.
5A_644/2024: Decision on Contribution Payments in Provisional Measures
Summary of the Facts
A.________ and B.________ are married and have two children together as well as one stillborn child. The wife has been living again with her younger child in the marital home since April 2023. She has been receiving a full disability pension since 2016. A.________ unilaterally filed for divorce, and the parties are currently disputing maintenance payments.
Complete summary of the judgment can be found in the Portal.
7B_661/2025: Complaint Regarding Non-Acceptance of a Third Revision Request Against a Judgment on Sexual Offenses
Summary of the Facts
In the present case, the complainant (A.________) requested a third revision of the judgment from September 27, 2021, in which he was convicted of sexual offenses against two women. The previous two revision requests had partial success, with the conviction regarding one of the two women (C.________) being annulled and referred back to the public prosecutor's office for further investigation. The third revision is based on allegedly new facts and a supposed contradiction between the judgments. However, the lower court declared this revision obviously inadmissible. The complainant therefore appeals to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_398/2025: Measures of the Child Protection Authority and Determination of Residence
Summary of the Facts
A.________ and B.________, unmarried parents of two minor children, were subject to repeated official intervention by the Child Protection Authority. The background was doubts about the child-appropriate upbringing and lifestyle, particularly concerning the educational integration, medical care, and general social development of the children. The parents behaved withdrawn, and the living situation showed signs of neglect. Due to these circumstances and further concerning findings, the Directorate for Youth and Childhood (DGEJ) requested to withdraw the parents' right to determine the residence of their children and to place the children. This measure was initially issued as a super-provisional order and subsequently confirmed by the cantonal authorities.
Complete summary of the judgment can be found in the Portal.
7B_834/2025: Dismissal of a Proceeding Due to Withdrawal of the Complaint
Summary of the Facts
The complainant appealed against the order of the Administrative Court of the Canton of Aargau, which concerned the rejection of a visitation permit for a minor. During the proceedings, the complainant withdrew his complaint.
Complete summary of the judgment can be found in the Portal.
8C_547/2025: Decision on the Non-Initiation of a Complaint in the Area of Social Assistance
Summary of the Facts
A.________, whose residence permit in Switzerland was not renewed and who is required to leave, filed a complaint against the cessation of her social assistance benefits as of December 1, 2024. In the meantime, she should be entitled to emergency assistance, for which an application was required. She claimed that the relevant authorities had assured her that this emergency assistance would be provided without formal application. The cantonal authority rejected her complaint.
Complete summary of the judgment can be found in the Portal.
4A_466/2025: Decision on the Admissibility of a Complaint Related to a Tenancy Agreement
Summary of the Facts
This case concerns the eviction of a rented property, which was ordered by a first-instance judgment of the Tribunal of Tenancy and Lease Matters of the Canton of Geneva (decision of December 16, 2024). The complainants A.________ and B.________ filed a complaint against this judgment; however, their submission was declared inadmissible by the cantonal lower court (Chambre des baux et loyers of the Cour de justice of the Canton of Geneva) due to failure to meet the legal requirements.
Complete summary of the judgment can be found in the Portal.
8C_472/2025: Inadmissibility of the Complaint in an Unemployment Insurance Matter
Summary of the Facts
The complainant A.________ appeals against the judgment of the Insurance Court of the Canton of Solothurn from August 14, 2025. The case concerned an unemployment insurance matter. The Federal Court demanded an advance payment, which was not made even within the extension period.
Complete summary of the judgment can be found in the Portal.
8C_397/2025: Decision Regarding Disability Insurance
Summary of the Facts
The complainant, A.________, suffered an injury in 2018, which was covered by the accident insurance until July 2019. Simultaneously, the insured applied for a disability pension due to ongoing physical and psychological impairments. After a medical examination and based on the opinion of the regional medical service, the Office for Disability Insurance (OAI) rejected the claim for disability benefits. The cantonal lower court granted the insured a full disability pension for the period from January to October 2019 and rejected further claims.
Complete summary of the judgment can be found in the Portal.
4D_133/2025: Non-Acceptance of the Complaint Against the Granting of Definitive Legal Opening
Summary of the Facts
The A.________ GmbH filed a complaint against the presidential order of the Court of Appeal of the Canton of Zug, which had not accepted a complaint from A.________ GmbH against the granting of definitive legal opening for a claim of CHF 2,110.–. The Federal Court had to examine whether the submission met the requirements for the justification of a complaint.
Complete summary of the judgment can be found in the Portal.
4D_124/2025: Non-Acceptance of a Complaint Regarding Legal Opening
Summary of the Facts
The complainant appealed against a legal opening decision of the District Court of Toggenburg and then against the rejection of this complaint by the Cantonal Court of St. Gallen to the Federal Court. However, the complaint was not processed due to failure to pay the advance fee and insufficient justification.
Complete summary of the judgment can be found in the Portal.
4A_509/2025: Decision of the Federal Court Regarding the Ineffectiveness of a Termination of a Rental Agreement and Eviction
Summary of the Facts
The termination of the rental agreement by a landlord to her tenant regarding an apartment in U.________ was initially confirmed by the Tribunal des baux et loyers in Geneva. The tenant appealed to the Chambre des baux et loyers of the Cour de justice of the Canton of Geneva, which confirmed the judgment. Subsequently, the tenant filed a complaint with the Federal Court to have the ineffectiveness of the termination established and to prevent the eviction.
Complete summary of the judgment can be found in the Portal.
8C_357/2025: Decision Regarding Social Assistance
Summary of the Facts
The complaint of the social assistance authority Villars-sur-Glâne is directed against the decision of the Cantonal Court of Fribourg, which confirmed A.A.________'s entitlement to social assistance despite a prior asset disbursement. A.A.________, the mother of three children, had sold her property and distributed the proceeds to her children before becoming dependent on social assistance. The Cantonal Court ordered the clarification of the effective claims, taking into account existing resources and the remaining costs of her stay in the nursing home.
Complete summary of the judgment can be found in the Portal.
8C_420/2025: Inadmissibility of a Complaint Against a Disability Pension Decision
Summary of the Facts
The complainant appeals against a decision of the Administrative Court of the Canton of Schwyz, which had confirmed a temporary full disability pension. She is requesting an indefinite disability pension.
Complete summary of the judgment can be found in the Portal.
4D_144/2025: Inadmissibility of the Complaint Against the Legal Opening Judgment
Summary of the Facts
The complainant filed a complaint with the Federal Court against a judgment of the Court of Appeal of the Canton of Solothurn, which had rejected the complaint against a legal opening judgment of the District Court Bucheggberg-Wasseramt. The submission of the complainant did not meet the requirements for a complaint according to the Federal Court Act (BGG).
Complete summary of the judgment can be found in the Portal.
7B_529/2023: Compensation Claim Due to Unjust Enrichment: Review of Fraudulent Intent in the Fraud Charge
Summary of the Facts
The Public Prosecutor's Office of the Canton of Nidwalden initiated a criminal proceeding against several persons, including A.________, for fraud, embezzlement, and money laundering. A.________ was accused of having been indirectly enriched by the fraudulent actions of the alleged main perpetrator B.________. A compensation claim of Euro 153,878.70 was raised against him. The lower court reduced this to Euro 143,878.70, affirming the fraudulent intent of the alleged perpetrator B.________. A.________ filed a complaint in criminal matters requesting the complete annulment of the compensation claim.
Complete summary of the judgment can be found in the Portal.
9C_416/2025: Decision on the Inadmissibility of a Complaint in the Area of Disability Insurance
Summary of the Facts
A.________ submitted a new request for disability insurance benefits to the Ufficio dell'assicurazione invalidità (UAI), which was justified, among other things, by a medical certificate. The UAI did not process the request, as no new relevant medical or economic changes were presented. The court of the Canton of Ticino confirmed this decision. Subsequently, A.________ filed a complaint with the Federal Court, which, however, had formal and substantial deficiencies.
Complete summary of the judgment can be found in the Portal.
4A_492/2025: Complaint Regarding the Procedure in the Civil Process
Summary of the Facts
The complainants A.________ and B.________ opposed before the Federal Court a decision of the cantonal authority, according to which their request for limiting civil process questions (particularly regarding legitimacy and limitation) is not examined in isolation. The original claim concerns a demand of 1,439,415,500 Russian rubles made by the respondent C.________ before the Geneva court.
Complete summary of the judgment can be found in the Portal.
6B_1286/2023: Inadmissibility of the Principle of Indictment and Examination Requirements
Summary of the Facts
On February 9, 2021, a physical altercation occurred in a property in V.________ (Canton Aargau) involving several persons, including the complainant (A.________). The complainant was charged with multiple assaults, (attempted) serious bodily injury, and brawling. He was acquitted in the first instance; the Court of Appeal later convicted him of brawling and imposed a conditional prison sentence of 15 months. The complainant contests this judgment and requests an acquittal.
Complete summary of the judgment can be found in the Portal.
2F_18/2025: Decision Regarding Revision Request in a State Liability Procedure
Summary of the Facts
The A.________ GmbH requested the revision of the Federal Court judgment from May 14, 2025 (2C_367/2024), in which the complaint regarding state liability was rejected. The request was justified by the discovery of new evidence.
Complete summary of the judgment can be found in the Portal.
2C_548/2025: Decision on Restoration of Deadline and Denial of Rights
Summary of the Facts
The complainant A.________ filed a complaint against a letter from the Administrative Court of the Canton of Zurich dated August 19, 2025, which clarified that no procedure would be initiated as no clear subject of contestation was recognizable. A.________ requested, among other things, the restoration of the deadline and the provision of free legal aid. The Federal Court examined the admissibility and did not accept the complaint. Another procedure (2C_566/2025) was opened separately.
Complete summary of the judgment can be found in the Portal.
5A_641/2025: Decision Regarding the Effective Suspensive Effect in a Family Law Matter
Summary of the Facts
This concerns the question of the effective suspensive effect of an appellate decision in a family law dispute regarding parental custody and residence determination for a child. The starting point was the property law agreement between the parents, which provided for alternating custody for their child. The mother later requested the right to move abroad (to Spain) with the child; this request was granted by the cantonal authority, but the suspensive effect of an appeal against this decision was not granted. This led to the filing of a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_991/2024: Judgment on Identification Measures After Criminal Prosecution in the Canton of Basel-Stadt
Summary of the Facts
The Public Prosecutor's Office of the Canton of Basel-Stadt initiated two criminal proceedings against A.________. One concerns the suspicion of violence and threats against authorities and officials as well as obstruction of an official act, the other robbery or robber theft and bodily injuries. Subsequently, the Public Prosecutor's Office ordered an identification measure for A.________. A.________ appealed against this order, which was rejected by the Appeals Court of the Canton of Basel-Stadt.
Complete summary of the judgment can be found in the Portal.
5A_856/2025: Decision Regarding the Withdrawal of the Complaint in a Family Psychiatric Matter
Summary of the Facts
The complainant A.________ filed a complaint against the decision of the Chambre de surveillance of the Cour de justice of the Canton of Geneva from September 8, 2025, which concerned a family psychiatric expertise and the inadmissibility of a previous legal remedy. On October 15, 2025, she declared the withdrawal of her complaint.
Complete summary of the judgment can be found in the Portal.
9C_408/2025: Decision on the Admissibility of a Complaint in the Area of Disability Insurance
Summary of the Facts
A.________ complained before the Federal Court against a decision of the Federal Administrative Court from May 27, 2025 (C_2138/2025), which declared his previous complaint inadmissible due to late submission. The proceedings concern disability insurance and the admissibility requirements for a complaint.
Complete summary of the judgment can be found in the Portal.
4A_194/2025: Decision Regarding Internal Arbitration in Football Concerning the Assumption of Training Compensation
Summary of the Facts
Dispute between two Swiss football clubs, A.________ AG and B.________ AG, regarding the interpretation of a transfer agreement for the player D.________. The central question was whether B.________ AG is obliged under the transfer agreement to compensate A.________ AG for a training compensation demanded by the player's original club (C.________ AG). The individual arbitrator of the Tribunal Arbitral du Sport (TAS) rejected the majority of A.________ AG's claims in an arbitral award dated March 24, 2025, leading to the present legal dispute.
Complete summary of the judgment can be found in the Portal.
7B_692/2025: Decision on the Non-Initiation of a Criminal Order
Summary of the Facts
The complainant appealed against the non-initiation order of the Public Prosecutor's Office of the Canton of Valais dated April 28, 2025. The Cantonal Court of Valais, Criminal Chamber, did not accept his complaint on June 17, 2025. The complainant then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.