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New Federal Court rulings from 05.11.2025

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 with facts, considerations, and dispositive parts. 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_551/2024: Judgment on State Liability due to Alleged Breach of Duty by a Regional Court President

Summary of Facts

The complainant, A.________, has filed a state liability claim against the Canton of Bern. She seeks compensation for damages and satisfaction, claiming that she felt psychologically destabilized and intimidated by the actions of the Regional Court President Sidler in several inheritance proceedings. This led her to agree to a settlement in an inheritance distribution proceeding that was unfavorable to her.

Summary of Considerations

**E.1:** The Federal Court first examines the formal requirements of the complaint in public law matters and notes that these are met. **E.2:** The lower court conducted the proceedings formally correctly. Neither the refusal of an oral hearing before the Federal Court nor the non-admission of evidence requests or the non-joinder of the Regional Court President can be classified as arbitrary or legally flawed. **E.4:** With regard to the state liability claim, the Federal Court denies unlawfulness as no significant breach of duty can be demonstrated against the Regional Court President. Errors in the proceedings can be corrected by legal remedies and do not constitute a basis for a state liability claim. Furthermore, no connection between the behavior of the Regional Court President and the conclusion of the settlement has been proven. **E.6:** The Federal Court also denies liability of the Canton of Bern under equity according to Art. 100 para. 2 PG/BE, as the complainant does not qualify as an uninvolved third party and cannot demonstrate an unduly severe impact.

Summary of Dispositive Part

The complaint is dismissed and the court costs are imposed on the complainant.


7B_994/2025: Decision Regarding Replacement Measures for Pre-Trial Detention

Summary of Facts

A.________ was prosecuted in May 2025 for threats and violence against authorities and officials (Art. 285 StGB). After telephone threats and further threatening statements, the competent court issued pre-trial detention, which was extended several times. At a later stage, replacement measures for detention were ordered, including a psychiatric treatment program and prohibition orders.

Summary of Considerations

- **E.1:** The Federal Court examines its jurisdiction and the admissibility of the legal remedy ex officio. The complainant has a current interest in the proceedings, especially due to the ordered measures. - **E.2:** Formal deficiencies raised and violations of the right to be heard are examined. The complainant's arguments regarding independence and impartiality as well as the lack of consideration of his submissions are unfounded, as the cantonal authority has comprehensively addressed the relevant points. - **E.3:** The complainant disputes the evidence for guilt as well as the seriousness and immediacy of a risk according to Art. 221 para. 2 StPO. The Federal Court upholds the assessment of the cantonal instance, based on psychiatric reports and prior findings. - **E.4:** The complainant criticizes the replacement measure of medication prescription as part of the treatment. The Federal Court notes that the facts and the legal basis for this specific obligation are not sufficiently clear, and reforms the measure so that no medication intake and control obligation is required.

Summary of Dispositive Part

The complaint was partially upheld, the order for medication intake was reformed, and additional costs were imposed on the complainant.


7B_1074/2025: Non-Entry on Complaint Due to Insufficient Justification

Summary of Facts

The complaint by A.________ against the decision of the Cour des plaintes of the Federal Criminal Court from September 10, 2025, was declared inadmissible by the Federal Court due to insufficient justification. The Cour des plaintes had previously rejected a legal remedy submitted by A.________ as it did not meet the legal requirements for justification. This was preceded by the extension of replacement measures by the regional coercive measures court on August 12, 2025, which A.________ contested.

Summary of Considerations

1. (E.1) The Federal Court explains the requirements of Art. 42 para. 1 and 2 BGG, which state that complaints must be substantiated in detail. The complainant must demonstrate how the contested decision violates the law. (E.1.2) It is noted that the Cour des plaintes declared A.________'s legal remedy inadmissible due to insufficient justification. The arguments did not pertain to the legal question of the replacement measures and were largely irrelevant. (E.1.3) The Federal Court finds that A.________ also does not present convincing legal arguments in the complaint before the Federal Court that could challenge the decision of the Cour des plaintes. (E.1.4) Due to insufficient justification and failure to meet the legal requirements according to Art. 108 para. 1 lit. b BGG, the complaint is not considered. 2. (E.2) The request for free legal aid is rejected due to lack of prospects for success (Art. 64 para. 1 BGG). The procedural costs are set at CHF 500, taking into account the financial circumstances of the complainant.

Summary of Dispositive Part

The complaint was declared inadmissible, the request for free legal aid was rejected, and the court costs were imposed on the complainant.


8C_475/2025: Decision on the Complaint Regarding Social Assistance and Insurance Benefits

Summary of Facts

The complainant filed a complaint with the Federal Court against decisions of the Cantonal Court and the Administrative Court of the Canton of Obwalden. The complaint was deficient in several respects, particularly the lower court decisions were missing as attachments. Although the complainant was given an extension until August 25, 2025, no corrections were made.


5A_257/2025: Judgment Concerning the Enforcement of Attachment According to Art. 271 para. 1 no. 6 SchKG

Summary of Facts

After the divorce of A.________ and B.________ in 2012, maintenance payments for the children and B.________ were agreed upon. Later, B.________ requested the attachment of properties owned by A.________ due to outstanding amounts. The dispute particularly concerned whether B.________ could also assert maintenance claims for their now adult children.


5A_874/2025: Decision on Non-Entry on Complaint Regarding Attachment

Summary of Facts

The complainant filed a complaint against an attachment certificate and a recusal request before the supervisory authority for debt collection and bankruptcy of the Canton of Solothurn. This authority did not enter into the complaint and the recusal request on October 7, 2025, and set procedural costs of CHF 500. The complainant then appealed to the Federal Court against this judgment.


9C_352/2025: Tax Law Dispute Regarding the Taxation of Income and Wealth for the Tax Periods 2017 and 2018

Summary of Facts

The married taxpayers A.A.________ and B.A.________, who have separate residences (Switzerland and abroad), were jointly taxed by the Canton of Vaud. The subject of the dispute is the tax assessments for the tax periods 2017 and 2018 concerning direct federal tax and cantonal as well as municipal taxes (tax domicile, income calculation, and deductibility of interest). The Federal Court reviewed the legality of the tax assessments, including the incorporated income and the rejection of interest deductions.


7B_899/2025: Decision on Two Complaints Regarding the Non-Prosecution Decisions of the Geneva Public Prosecutor

Summary of Facts

A.________ filed two complaints against non-prosecution decisions of the Geneva Public Prosecutor with the Chambre pénale de recours of the Cour de justice in Geneva, which rejected these on September 1, 2025. Subsequently, the complainant filed complaints with the Federal Court on September 3, 2025, simultaneously requesting free legal aid.


7B_953/2025: Inadmissibility of a Complaint in a Criminal Matter

Summary of Facts

A.________ filed a complaint with the Federal Court against a judgment of the lower court (Chambre pénale de recours of the Cour de justice of the Canton of Geneva), which dismissed his complaint against a non-commencement order of the Geneva Public Prosecutor from June 26, 2025, regarding a criminal complaint. A.________ claimed that he was attacked by fellow inmates while in custody and that they demanded the withdrawal of his complaint. The lower court dismissed the complaint, and A.________ appealed to the Federal Court, also requesting free legal aid.


5A_887/2025: Non-Entry on a Complaint Due to Late Submission

Summary of Facts

The unmarried father of two children, A.________, unlawfully took the children to Slovenia in December 2020. The KESB Oberland Ost decided in March 2021 to grant sole parental custody to the mother, B.________, and to temporarily not regulate personal contact between the father and the children. After previous legal remedies were unsuccessful, the father requested the reopening of the proceedings in June 2025. The Cantonal Court of Bern, Child and Adult Protection Court, dismissed the request as a de facto revision request and did not enter into it. The father appealed this decision to the Federal Court.


2C_351/2025: Judgment on Residence Permit and Receipt of Social Assistance

Summary of Facts

A.A.________, a Turkish national, applied for an extension of his family reunification residence permit after it expired, which was denied due to his personal situation, criminal record, and debts. Before the Federal Court, he invoked Art. 8 ECHR concerning his relationship with his children living in Switzerland, who hold residence permits.


6B_672/2025: Judgment on Criminal Assessment Including Fraud and Forgery of Documents

Summary of Facts

The case concerns A.________, who was charged with, among other things, fraud and forgery of documents. A.________, managing partner of C.________ GmbH, made false statements in a COVID loan application form in 2020 to obtain a loan of CHF 50,000. He used a large part of the received money for personal purposes. Previously, he had already been conditionally convicted in two other proceedings for other offenses. The cantonal court in Valais confirmed the conviction in the second instance, increased the sentence, and also recognized the transfer of compensation claims due to the false statements. A complaint was filed against this judgment before the Federal Court.


2F_20/2025: Judgment on a Revision Request Due to the Revocation of a Residence Permit

Summary of Facts

A.________, an Albanian national, originally received a residence permit through family reunification after marrying a Swiss citizen. After the divorce, he lost this residence permit. After re-entering and entering into another marriage in Switzerland, he was granted a new residence permit. Following the second divorce, the migration office of the Canton of St. Gallen revoked his residence permit, which was confirmed by various cantonal instances. The Federal Court eventually did not enter into the complaint due to obvious inadmissibility with a judgment dated September 15, 2025. A.________ then requested a revision of this judgment without citing a legal revision ground.


5A_353/2025: Judgment Regarding Provisional Registration of Construction Worker Liens

Summary of Facts

The A.________ AG carried out work on a hospital construction project on the property of the B.________ Foundation. This work included the installation of floor coverings as well as demolition and repair work. Invoices for this work were not paid, prompting A.________ AG to request the provisional registration of construction worker liens at the Commercial Court of Zurich. The Commercial Court rejected the requests and ordered the provisional liens already registered to be deleted. A.________ AG filed civil complaints with the Federal Court.


5A_906/2025: Complaint Against Involuntary Placement

Summary of Facts

The complainant was involuntarily placed in a nursing home on a closed ward by the KESB Appenzell Ausserrhoden. Subsequently, she stated that she did not wish to be released at that time, which led the Appenzell Ausserrhoden Higher Court to dismiss the complaint as moot. The complainant then appealed this decision to the Federal Court without making concrete requests or sufficiently justifying the decision.


9C_372/2025: Withdrawal of the Complaint in the Area of Disability Insurance

Summary of Facts

The complainant A.________ had filed a complaint against a decision of the Tribunal cantonal de la République et canton du Jura, Cour des assurances (decision of June 4, 2025). In a letter dated October 10, 2025, she declared her intention to withdraw this complaint.


9C_435/2025: Decision Regarding a Complaint Due to Alleged Denial of Justice in Tax Disputes

Summary of Facts

A.________ filed an objection against a payment order for a tax claim from 2013, originating from the State of Valais, and later filed a lawsuit according to Art. 85a SchKG for a declaration of non-existence of the claim. The lawsuit was dismissed by the District Court of Hérens and Conthey. In the subsequent cantonal appeal, A.________ complained about an alleged hesitation of the cantonal court in deciding the matter and filed a complaint for denial of justice with the Federal Court.


9C_684/2024: Inadmissibility of the Complaint Regarding Benefits from Occupational Pension Insurance

Summary of Facts

A.________ had been living in a partnership with B.________ since 2010, who was receiving benefits from the Caisse de pensions de l'État de Vaud (CPEV). After the death of B.________ on August 31, 2022, the pension fund denied A.________ a pension for partners, arguing that such benefits for already retired persons were not provided for under the rules in force since January 1, 2003. A.________ sued before the Cantonal Court of Vaud, which declared the lawsuit inadmissible due to lack of jurisdiction.


5A_879/2025: Judgment on Denial of Justice in Divorce Proceedings

Summary of Facts

The complainant, A.________, appealed to the Federal Court against the Higher Court of the Canton of Zurich. She claimed that both the Higher Court and the District Court of Winterthur had committed denial of justice and delay of justice. The matter concerned a concluded divorce proceeding as well as an unprocessed recusal request against the responsible district judge.


4A_643/2024: Dispute over Lease Agreement and Authorization for Legal Proceedings

Summary of Facts

The A.________ SA (tenant) disputed with B.________ Ltd. (landlord) regarding several lease agreements concerning a commercial space and a shop window in a hotel in Geneva. The tenant had terminated the lease early, but the landlord demanded outstanding rent payments as well as additional costs. The tenant contested the validity of the authorization for legal proceedings, which occurred during mediation, and made further claims. The rental court had partially decided in favor of the landlord, and this decision was confirmed by the cantonal instance. The legal question ultimately came before the Federal Court.


9C_483/2025: Decision on the Inadmissibility of a Complaint in an Insurance Case

Summary of Facts

A.________ filed a complaint against a decision of the cantonal insurance court of Fribourg, which had dismissed his complaint against the refusal of pension benefits by the cantonal disability insurance office due to an insufficient degree of disability. The Federal Court examined whether the requirements for the complaint justification were met.


6B_668/2025: Formal Inadmissibility of the Complaint in Criminal Matters Due to Insufficient Justification

Summary of Facts

The complainant A.________ filed a complaint on August 15, 2025, in criminal matters against a judgment of the Cantonal Court of Neuchâtel dated May 7, 2025. The cantonal criminal chamber had partially upheld his appeal against a previous judgment of the District Court of Littoral and Val-de-Travers, but found him guilty on several counts (including abuse of trust, false statements to commercial register authorities, and driving without permission). The sentence was set at a prison term of 13 months without parole, supplemented by daily fines, with some alignment on earlier judgments.


9C_473/2025: Decision on Access to Files and Recusal in Tax Proceedings of the Canton of Aargau

Summary of Facts

A.________, formerly a co-owner of a property in B.________, requested access to files and the recusal of a tax commissioner, as she questioned the objectivity of the assessment decisions. The Cantonal Tax Office and the Tax Commission of B.________ rejected her requests due to lack of specific grounds for recusal. These decisions were confirmed by the Special Administrative Court and the cantonal administrative court.


6B_663/2025: Judgment on the Inadmissibility of a Complaint in Criminal Matters

Summary of Facts

The complainant A.________ was convicted by the criminal chamber of the cantonal court of Vaud for a serious violation of traffic rules, including a dangerous overtaking maneuver and harassing braking. This conviction included a prison sentence of 60 daily rates of CHF 50 with a two-year probation period, as well as a fine of CHF 600, covered by a substitute prison sentence of 12 days. The complainant appealed to the Federal Court, requesting, among other things, the annulment of the judgment, compensation claims due to injury, and an administrative or technical investigation of the vehicle of the victim (Intimierten), B.________.


8C_542/2025: Non-Entry on a Complaint Due to Missed Deadline and Insufficient Submission

Summary of Facts

The complainant filed a complaint against two decisions of the Administrative Court of the Canton of Obwalden. The first submission mentioned the decision of June 30, 2025 (VS-No. 2024/45), but without the required documents. Within an extension, the decision of December 23, 2024 (IV24/008 + IV24/012) was submitted. Both documents were outside the appeal deadline, and the submission was inadequate.


4A_425/2025: Decision on a Tenant Eviction

Summary of Facts

The complainant was instructed by a decision of the Cantonal Court of Zug to vacate an apartment by September 1, 2025, at the latest. The Higher Court of the Canton of Zug did not enter into an appeal filed against this due to insufficient justification. The complainant then filed a complaint with the Federal Court.


8C_549/2025: Decision on the Admissibility of a Complaint Against a Rejection Judgment Concerning Supplementary Benefits to AHV/IV

Summary of Facts

This concerns disputes regarding supplementary and premium reduction benefits of AHV/IV as well as recoveries for the years 2021 and 2022. The Social Security Court of the Canton of Zurich partially overturned the objection decision of the city of Zurich and referred the matter back to the respondent for further clarification. The complainant appealed this to the Federal Court.


5A_438/2025: Decision on the Legal Standing in Maintenance Claims of an Adult Child

Summary of Facts

A.________ and B.________ have been in divorce proceedings since 2022. After their daughter C.________ reached adulthood, the mother requested an adjustment of the maintenance contributions, while the father demanded their continuation at the previous level. The cantonal court re-regulated the maintenance question for the adult daughter, prompting the father to appeal while acting on behalf of the daughter.


8C_533/2025: Inadmissibility of the Complaint Regarding the Credit for Retroactively Paid Pensions in Supplementary Benefits

Summary of Facts

The complainant contested the non-reimbursement of medical expenses for the year 2021 by the cantonal compensation office of Solothurn. The lower instance had counted the Polish pension, which was only paid out in the following year, as income for the year 2021 according to Art. 14 para. 6 ELG, resulting in an income surplus and the claimed medical expenses not being reimbursed. The Federal Court did not enter into the complaint due to insufficient justification.


7B_736/2025: Decision Regarding the Lifting of Seals

Summary of Facts

The Federal Court assessed a complaint by A.________ against the lifting of seals requested by the district attorney of East Vaud. The seals concerned documents and electronic devices seized during a house search. The complainant invoked professional duties, his status as a doctor, and military confidentiality, as well as his role as a "whistleblower." The cantonal court ordered the lifting of the seals.


5A_886/2025: Complaint for Denial of Justice and Request for Free Legal Aid in Connection with Proceedings Before the Higher Court of the Canton of Zug

Summary of Facts

The complainant repeatedly requested free legal aid in various civil proceedings before the Higher Court of the Canton of Zug. He was informed that retroactive approval was not possible and that the corresponding decisions had already been made. The complainant then filed a complaint for denial of justice with the Federal Court and simultaneously submitted a request for free legal aid and representation in the current proceedings.


8C_550/2025: Non-Entry on the Complaint in the Area of Accident Insurance

Summary of Facts

The complainant contested the objection decision of Helsana Accident AG, which denied a performance obligation for back pain after an accident. The Administrative Court of the Canton of Bern confirmed the objection decision. The complainant filed a complaint with the Federal Court but failed to meet the formal requirements for a sufficient complaint justification.


8C_403/2025: Non-Entry Due to Non-Payment of the Cost Advance

Summary of Facts

The complainant A.________ filed a complaint against a judgment of the Insurance Court of the Canton of Aargau dated May 16, 2025, in the area of accident insurance. After his request for free legal aid was denied, A.________ received a non-extendable deadline to make a cost advance. However, within this period, he did not submit an advance but requested a reassessment of his application without presenting new facts or changed circumstances.


5A_332/2025: Decision on Medical Representation of Minors in Conflicts Between Parents

Summary of Facts

The parents A.________ and B.________ share parental authority over their two children C.________ (born 2009) and D.________ (born 2011). Due to a prolonged conflict regarding medical decisions, the parents were deprived of this decision-making authority by a guardianship according to Art. 308 para. 1 ZGB and delegated to a third party. The father A.________ requested the transfer of medical decision-making authority solely to himself.


8C_488/2025: Judgment on the Issue of Cost Coverage for a Bath Orthosis by Disability Insurance

Summary of Facts

A.________, born in 2023, suffers from fibular hemimelia (birth defect no. 177) and applied to the IV office of the Canton of Aargau for cost coverage for a waterproof bath orthosis. The IV office denied the request. The Insurance Court of the Canton of Aargau confirmed this decision, after which A.________ filed a complaint with the Federal Court, requesting cost coverage for the bath orthosis.