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New Federal Court rulings from 04.11.2025

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 rulings. 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.

2C_376/2025: Decision on the extension of a residence permit after divorce

Summary of the Facts

The appellant, a Chinese national, initially received a short-term residence permit to prepare for his marriage to a Swiss citizen. After the marriage, he was granted a residence permit under family reunification. After the divorce, the Migration Office of the Canton of Zurich refused to extend the residence permit. The cantonal legal remedies against this decision were unsuccessful. The appellant requested the annulment of the contested decision and the extension of his residence permit before the Federal Court, citing Art. 50 para. 1 lit. b AIG and Art. 8 ECHR.

Summary of the Considerations

**E.1:** The requirements for the admissibility of the appeal in public law matters under the Federal Court Act (BGG) are met. In particular, there is a plausible appeal to a claim under Art. 50 para. 1 lit. b AIG.
**E.2:** The Federal Court applies the law ex officio and examines the asserted claims as well as legal deficiencies.
**E.3:** The claim for the extension of the residence permit under Art. 50 para. 1 lit. b AIG requires important personal reasons, such as a significant risk of reintegration in the country of origin or substantial roots in Switzerland. The private life under the ECHR is only respected in cases of special integration.
**E.4:** In the present case, the appellant's reintegration in China is not objectively endangered. His integration efforts in Switzerland are to be recognized, but they do not suffice to justify a hardship case under Art. 50 para. 1 lit. b AIG or Art. 8 ECHR. The short duration of stay and the circumstances of the individual case do not justify an exception.

Summary of the Ruling

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


2C_478/2025: Residence in Switzerland after post-divorce hardship case

Summary of the Facts

A.________, a citizen of Sri Lanka, married a Swiss citizen shortly after his entry in 2024 and obtained a residence permit. The marriage was short-lived and ended in divorce. The Migration Office of the Canton of Zurich revoked the residence permit. A.________ unsuccessfully appealed to the Security Directorate and the Administrative Court of the Canton of Zurich. He claimed that his ex-wife had committed domestic violence and socially harmed him through her statements in his home country. He sees himself as a victim of a post-divorce hardship case and requested before the Federal Court the extension or re-evaluation of his residence claim.

Summary of the Considerations

**E.1:** The Federal Court finds that the appeal in public law matters is admissible because the factual prerequisites for the judgment are met. However, it only examines the necessary legal and factual bases. **E.4:** The court is bound by the findings of the lower court. The lower court did not establish the existence of domestic violence or a significant threat to social reintegration. The appellant's assertions do not meet the requirements for a sufficient substantiation. **E.4.9:** His good integration in Switzerland as well as the general reference to Art. 3 ECHR (prohibition of torture) do not justify a residence claim. **E.5:** The appeal is obviously unfounded.

Summary of the Ruling

The appeal and the request for legal aid were dismissed, and the court costs were imposed on the appellant.


6B_920/2024: Judgment regarding sexual assaults, bodily harm, and judicial assessment of evidence

Summary of the Facts

A.A. ________ was accused by his wife B.A. ________ of bodily injury, sexual coercion, and rape. This initially led to a conviction by the Geneva Criminal Court, which was confirmed by the cantonal instance. A cycle of violence within the marriage was established, which repeated over several years. A.A. ________ challenged the cantonal decision and brought the case before the Federal Court.

Summary of the Considerations

**E.1:** A.A. ________ claimed a violation of his right to be heard since his evidence requests were denied. The Federal Court states that the right to be heard protects evidence requests only if they appear relevant and suitable for the decision. The evidentiary evaluation was deemed not arbitrary.
**E.2:** The appellant challenged the factual findings and claimed a violation of the presumption of innocence. Arguments regarding the credibility of witness statements, such as from family members, were dismissed. The Federal Court noted that the cantonal instance had made a careful assessment of the evidence and relied on a multitude of consistent indications. The relevant legal principles and scientific findings regarding trauma effects were also considered.
**E.3:** The Federal Court clarified that the commission of the offense by A.A. ________ regarding the established offenses could not be further disputed, as no specific criticism was presented. The imposed sentence was also not contested.
**E.4:** The court concluded that there is no basis for revoking the civil compensation claims in favor of B.A. ________.

Summary of the Ruling

The appeal was dismissed, and the court costs were imposed on the party. No party costs were awarded.


7B_430/2025: Decision on party status in criminal proceedings

Summary of the Facts

The appellant A.________, mother of the daughter B.________ born in 2020 and separated ex-partner of the accused C.________, filed a criminal complaint against the father of her daughter on January 24, 2025, on suspicion of sexual abuse of B.________. She requested recognition of her party status with civil claims, including damages and compensation for pain and suffering. The medical report dated February 20, 2025, describes significant psychological distress of the appellant. The child herself shows no psychological or physical abnormalities. The cantonal criminal court denied the appellant party status, and the cantonal appeals chamber also dismissed her appeal.


7B_774/2023: Decision on non-admittance in a criminal appeal

Summary of the Facts

A.________, a doctor and developer of the surgical technique of sialendoscopy, appealed against a decision of the Chambre pénale de recours of the Canton of Geneva, which confirmed a non-admittance order from the cantonal public prosecutor. The appeal concerns alleged breaches of contract and allegedly misdeclared medical device sales by the company B.________. The appellant claimed to have been harmed by a presumed escroquerie ("fraudulent behavior") reflected in missing license fees.


8C_582/2025: Judgment regarding supplementary benefits for AHV/IV (process prerequisite)

Summary of the Facts

The appellant challenged the judgment of the insurance court of the Canton of Solothurn, which confirmed the decision of the compensation office of the Canton of Solothurn. It concerned the recovery of two supplementary benefits for AHV/IV in the amounts of CHF 24,386.- and CHF 13,316.-. The cantonal court found that the prerequisites for a waiver of the claims were not met. The appellant, heir of the deceased recipient, was held liable for the misconduct of the representative of the deceased. Furthermore, a waiver of lawfully received benefits of the deceased was legally excluded.


5A_890/2025: Inadmissibility of the appeal

Summary of the Facts

The appellant (debtor) requested a review of the enforcement claim and filed a motion for disqualification against the responsible president of the district court. The cantonal court of Solothurn did not consider these submissions, as the enforcement claim was no longer reviewable at the current procedural stage, and the disqualification motion was deemed hopeless. The appellant appealed to the Federal Court against this judgment with a submission described as "objection."


8C_623/2024: Judgment regarding disability insurance concerning a disability pension

Summary of the Facts

The insured A.________ registered for benefits with the IV office in St. Gallen due to a depressive disorder in February 2021. The IV office obtained a psychiatric report, which temporarily certified complete incapacity for work and later reduced incapacity for work. The IV office rejected the pension application as the determined degree of disability was not considered sufficient for pension entitlement (20%). However, the insurance court of the Canton of St. Gallen awarded a full pension for the period from August 2021 to March 2023 and a half pension for April to August 2023. The IV office appealed against this.


1C_434/2025: Access to archived criminal files - technical unreadability of data

Summary of the Facts

The appellant, who is serving an 18-year prison sentence for murder and disturbing the peace of the dead, repeatedly requested access to data from his seized personal computer from an archived criminal case. Both lower courts denied his request, stating that the data were technically unreadable and that disposal with the necessary software was not possible. The respondent repeated these arguments, which the appellant disputed without sufficient evidence. The Federal Court dismissed the appeal as inadmissible.


5A_167/2024: Decision on divorce maintenance arrangement

Summary of the Facts

The appellant A.________ and the respondent B.________ have been married since 1988, and the appellant filed a unilateral divorce request in 2020. Prior measures for the protection of the marriage and later measures in the divorce proceedings provided for a monthly maintenance payment from the appellant. In the first instance, the maintenance for the wife was set at CHF 1,500 per month until November 30, 2023. Upon appeal, the cantonal instance set new maintenance amounts, including indefinite payments after December 2023. The appellant filed an appeal before the Federal Court.


7B_278/2025: Decision on the execution of a therapeutic treatment measure

Summary of the Facts

A.________, who was sentenced to four months of imprisonment and a therapeutic institutional treatment measure for multiple assaults, simple bodily injury, attempted simple bodily injury, trespassing, insult, and threat, objected to his transfer to the "Colonie ouverte" (Open Penal Institution). He argued that the chosen execution system was unsuitable and not compliant with Art. 59 para. 2 StGB.


7B_35/2023: Dismissal of the appeal against the partial discontinuation of criminal proceedings

Summary of the Facts

The appellant filed several criminal complaints against her former husband, including one for rape and theft. The cantonal authorities discontinued the proceedings due to a lack of essential evidence and credible witness statements.


2C_54/2025: Decision on a public procurement procedure at Geneva Airport

Summary of the Facts

Geneva Airport issued a comprehensive public procurement procedure for the planning, construction, and maintenance of a project called "CAP 2030, multimodal platform and commercial gallery SBB." The selected company D.________ was involved in the procedure as an expert for certain evaluations, although it maintained business relationships with a consortium that ultimately received the project. The second-placed A.________ SA filed an appeal, arguing possible bias and demanding a re-award of the project.


1C_70/2025: Decision on the review of zoning delineation in a municipal plan

Summary of the Facts

The municipality of Romont and A.________ SA jointly filed an appeal against the rejection of their properties (parcels No. 735, 736, 737, and 2,157) in the mixed construction zone by the cantonal approval authority (DIME). The cantonal approval decision classified the parcels as agricultural zone, which was confirmed by the Tribunal cantonal. The appeal is directed against this classification and alleges, among other things, a violation of the municipality's autonomy.


7B_413/2025: Judgment regarding party compensation and satisfaction in the penal order procedure

Summary of the Facts

The public prosecutor's office of Muri-Bremgarten convicted B.________ by penal order on September 29, 2022, for multiple threats against A.________. Civil claims were referred to civil court, and no party compensation was awarded. A.________ challenged the penal order. The president of the district court of Bremgarten nevertheless confirmed the legal force of several points of the penal order, dismissed A.________'s claim for satisfaction, and referred the claim for damages to civil court. The cantonal court of Aargau dismissed A.________'s appeal and did not consider part of the objection. It also refused legal aid.


8C_681/2024: Degree of disability in occupational disease: criteria for income comparison and wage deduction from tables

Summary of the Facts

A.________ worked as an industrial fitter and was insured against accidents with Suva. He reported an occupational disease (rheumatoid arthritis of both wrists) and applied for a disability pension. Suva initially granted him a disability pension with a degree of 12%, but later the degree of disability was determined to be 25% after an appeal. Suva challenged this decision before the Federal Court.


2C_300/2025: Inadmissibility of the appeal in public procurement

Summary of the Facts

This case concerned the award of a public contract by the municipality of X.________ for gardening work in connection with the realization of a football field in Y.________. The contract was awarded to D.________ S.r.l., while the unsuccessful consortium A.________, consisting of the companies B.________ SA and C.________ SAGL, challenged the award. The consortium argued that it had been excluded from notification since the delivery of the award decision was incorrectly carried out. However, the administrative court of the Canton of Ticino rejected the appeal as late and refused to restore the appeal deadline.


2C_569/2025: Refusal of a hardship permit and expulsion in the Canton of Bern

Summary of the Facts

A.________, a citizen of Belarus, was denied the extension of his residence permit and the granting of a hardship permit. After the rejection by the Office for Population Services of the Canton of Bern and the Security Directorate, he appealed to the Administrative Court of the Canton of Bern and subsequently to the Federal Court. The main question was whether a residence right could be established as a hardship case or based on Art. 8 ECHR. The Federal Court did not consider the appeal since no potential claim for a permit was evident.


8C_584/2025: Proceedings concerning accident insurance

Summary of the Facts

The SWICA insurance company and A.________ disputed issues of accident insurance. Following a judgment by the insurance court of the Canton of Solothurn on August 25, 2025, A.________ filed an appeal with the Federal Court on September 9, 2025. However, he later expressly stated that he did not wish to pursue proceedings before the Federal Court.


1C_168/2025: Judgment regarding the revocation of a driver's license

Summary of the Facts

During a police check on June 10, 2022, bromazepam was found in the appellant. A traffic medical examination revealed excessive alcohol consumption, upon which the Road Traffic Office of the Canton of Zurich issued a revocation of the driver's license for an indefinite period on September 6, 2023. The appellant's requests for restoration of the deadline and against the revocation of the suspensive effect were rejected. In the cantonal legal remedy instances, the appellant was unable to effect any changes, which is why he appealed to the Federal Court.


7B_444/2025: Judgment regarding the import of delorazepam and the distinction between narcotics law and medicinal law

Summary of the Facts

Swissmedic filed a criminal complaint against A.________, who is alleged to have imported 400 tablets of delorazepam from Italy into Switzerland, which according to Swissmedic constitutes a violation of narcotics law (BetmG). The district attorney's office of the Hinwil district discontinued the proceedings. The cantonal court of the Canton of Zurich confirmed this discontinuation and affirmed the applicability of the medicinal law (HMG). Swissmedic appealed against this decision to the Federal Court.


6B_107/2025: Judgment regarding abduction and removal of minors

Summary of the Facts

The public prosecutor alleges that A.A. took her nephew C.B. to Montenegro without the consent of his mother. B.A., who lives separately from A.A., had previously contacted the mother and pretended to want to do something with C.B. However, it was actually planned to take C.B. abroad without the knowledge and consent of the mother. A.A. and C.B. initially went to Zurich and then flew to Belgrade before traveling to Montenegro. C.B.'s passport was not returned despite being requested multiple times. D.B. traveled to Montenegro a few days later to pick up C.B.


1C_710/2024: Judgment regarding the restoration of lawful conditions when replacing windows in a scenic protection zone

Summary of the Facts

The appellant, owner of a building in the scenic protection zone B in Lucerne, replaced windows without a building permit. After requests and proceedings, the building authority subsequently approved the window replacement on the condition that design restoration measures are carried out according to the historical model. The lower court dismissed the appeal against these conditions. The appellant requested the Federal Court to annul the decision and presented an alternative restoration variant.


1C_442/2025: Non-admittance of an appeal against the refusal of authorization for prosecution

Summary of the Facts

The appellant A.________ filed a criminal complaint against employees of the political municipality of Flawil, the cantonal police of St. Gallen, and the cantonal medical officer. The cantonal investigation office forwarded the submissions for an authorization procedure, after which the cantonal court of St. Gallen refused the authorization to initiate a criminal proceeding. A.________ then filed an appeal with the Federal Court and requested the opening of a criminal investigation.


5A_915/2025: Judgment regarding bankruptcy opening

Summary of the Facts

The regional court of Prättigau/Davos opened bankruptcy proceedings against the appellant at the request of the respondent. The cantonal court of Graubünden dismissed the appeal against this. The appellant then appealed to the Federal Court, arguing that new facts justify the cancellation of the bankruptcy.


5A_891/2025: Non-admittance of an appeal in civil matters concerning the valuation protocol

Summary of the Facts

The appellant is being pursued by B.________ AG, with a net yield of the seizure set by the Zurich enforcement office. The appellant filed several complaints against the valuation protocol, which ultimately reached the Federal Court. Prior to that, the cantonal court of Zurich had not admitted the cantonal appeal.


1C_427/2025: Authorization for the opening of a criminal proceeding against a member of the social insurance institution of the Canton of St. Gallen

Summary of the Facts

The appellant A.________ had filed a criminal complaint with the public prosecutor's office of the Canton of St. Gallen against the respondent B.________, accusing him of abuse of office, attempted fraud, coercion, as well as denial and delay of rights. However, the cantonal court of St. Gallen refused the authorization to open a criminal proceeding. A.________ demands the annulment of this decision and the referral to a new authorization authority as well as, if necessary, the granting of the authorization. The Federal Court examines the appeal in this context.


6B_634/2025: Inadmissibility of an appeal due to insufficient justification

Summary of the Facts

A.________, who had previously been sentenced to nine months of imprisonment for false accusation, deprivation of liberty, and threat, submitted a request for revision to the cantonal court of Zurich, which was not accepted. He then turned to the Federal Court with the appeal to instruct the cantonal court to consider the revision request and to annul his original judgment from January 29, 2024.


1C_523/2024: Compensation claim from neighbors due to the protection of a mammoth tree

Summary of the Facts

The appellants A.________ and B.________, owners of the neighboring property of a protected parcel in Baden, sued over various impairments caused by their neighbor's mammoth tree. After multiple judicial rejections of their compensation and reconsideration requests, they ultimately reached the Federal Court. The content concerns a compensation claim arising from an alleged restriction of residential use caused by the precautionary protection of the mammoth tree by the municipality of Baden.


5A_863/2024: Recognition and registration of a marriage with a foreign connection

Summary of the Facts

The appellant (A.________), a Swiss citizen, entered into a marriage with a Bangladeshi citizen. At the time of the marriage, he was in Switzerland and expressed his consent by phone. The marriage was registered by an authority in Bangladesh. The cantonal authorities refused to recognize and register this marriage, which the appellant unsuccessfully contested through several instances.


6B_489/2025: Judgment regarding sexual coercion and assessment of evidence

Summary of the Facts

A.________ is accused of sexual coercion and sexual harassment against B.________. The two had arranged a meeting after contacting each other via WhatsApp. They previously knew each other through an escort service. On June 5, 2018, B.________ came to A.________'s place, where they first drank wine and then had consensual sexual intercourse. After this, B.________ was sexually harassed by A.________ despite her resistance, leading to legal consequences.


6B_651/2025: Judgment regarding the non-admittance question of a criminal appeal

Summary of the Facts

The appellant did not submit an appeal statement within the legal deadline of 20 days to the cantonal court of Aargau. Therefore, the lower court did not consider his appeal against a judgment of the district court of Baden. In the proceedings before the Federal Court, the appellant does not contest the lower court's non-admittance decision but presents arguments regarding the substantive criminal law question, which, however, are not the subject of the proceedings.