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New Federal Court rulings from 11.11.2025

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 dispositions. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.

5A_806/2025: Decision on the complaint regarding the rejection of a court expert

Summary of the Facts

The complainants A.________ and B.________, married since 2013 and separated since 2020, are in divorce proceedings. One of the disputed issues is the custody of their joint children C.________ and D.________. Following a court evaluation, the children were initially placed with the mother for sole custody, with visitation rights reserved for the father. In the divorce proceedings, a new psychological expert opinion was ordered, which the complainant A.________ attempted to challenge through a request to reject the expert F.________.

Summary of the Considerations

- **E.1 to E.3**: The Federal Court finds that A.________'s complaint against the cantonal decision is insufficiently substantiated and partially addresses issues outside the current proceedings. The complainant fails to plausibly demonstrate an objective concern about the bias of the expert. The legal objections raised are also deemed insufficient or irrelevant. - **E.4**: There is no arbitrary or unlawful assessment by the cantonal court. The substantial justification for the alleged violation of rights according to the requirements of the Federal Court Act (Art. 42 and 106 BGG) is missing.

Summary of the Disposition

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


8C_597/2025: Non-admission of a complaint in the field of disability insurance

Summary of the Facts

The complainant filed a complaint with the Federal Court after the Federal Administrative Court confirmed the decision of the IV office for insured persons abroad, stating that there is no entitlement to an invalidity pension. The basis of the decision was a multidisciplinary report from the ABI Medical Assessment Institute GmbH Basel. The Federal Administrative Court detailed why this report is convincing and that the complainant's arguments do not counter it.

Summary of the Considerations

- **E.1:** According to Art. 95 and Art. 97 para. 1 BGG, the determination of the facts can only be challenged if it is obviously incorrect or unlawful and could be decisive for the outcome of the proceedings. The requirements for a sufficient justification for the complaint are clearly defined; blanket criticism is not sufficient. - **E.2:** The Federal Administrative Court relied on a multidisciplinary report from ABI GmbH to substantiate the lack of entitlement to an invalidity pension. It justified why the objections of the complainant were not convincing. - **E.3:** The complainant did not provide sufficient justifications for the alleged violations of rights or factual errors. His arguments remained superficial and did not sufficiently reference the considerations of the lower court. - **E.4:** Due to obvious deficiencies in reasoning, the complaint was not addressed in the simplified procedure according to Art. 108 para. 1 lit. b BGG. - **E.5:** The request for free legal aid was denied due to a lack of prospects for success. However, court costs were exceptionally not charged.

Summary of the Disposition

The complaint is dismissed, the request for free legal aid is also dismissed, and no court costs are charged.


4F_28/2025: Decision on non-admittance

Summary of the Facts

The applicant submitted a request for revision concerning a ruling of the Federal Court from June 25, 2025, which was initially not signed by hand. After being prompted by the Federal Court, the signature was submitted. The applicant was subsequently asked to pay a cost advance of CHF 1,000. Both within the deadline and within a set extension period, the cost advance was ultimately not paid, which is why the Federal Court did not admit the request.

Summary of the Considerations

**E.1**: The Federal Court accepts the request for revision, although it was initially not signed by hand. After the signature was submitted, the formal defect was cured. **E.2**: The applicant is asked to pay a cost advance, and the suspensive effect is accordingly denied. During further communication, the request for the waiver of the cost advance was denied, as there are no special reasons for a waiver. However, the applicant did not pay the cost advance either within the stipulated deadline or in the extension period. **E.3**: According to Art. 62 para. 3 BGG, the Federal Court does not admit legal remedies if the set cost advance is not paid even within an extension period. **E.4**: Further submissions from the applicant in this matter will no longer be addressed.

Summary of the Disposition

The Federal Court did not admit the request for revision and imposed the costs on the applicant.


2C_591/2025: Non-renewal of the residence permit of a Turkish national after dissolution of marriage with a Swiss citizen

Summary of the Facts

The Turkish national A.________ married a Swiss citizen in 2019, subsequently received a residence permit, and lived in a marital community for less than three years. After the separation, the Migration Office of the Canton of Zurich refused to renew the residence permit and ordered his expulsion from Switzerland. The security directorate and the administrative court of the Canton of Zurich dismissed his legal remedies. A.________ lodged a complaint with the Federal Court, invoking, among other things, Art. 50 para. 1 lit. b AIG and citing personal and health reasons.


4A_625/2024: Eviction of rental properties and legal protection in clear cases

Summary of the Facts

The investment foundation A.________, formerly B.________ investment foundation (complainant), entered into a rental agreement with E.________ AG for office and storage space, which was later taken over by C.________ AG. Due to outstanding rent payments, the rental relationship was terminated as of November 30, 2023, but the rental property was not returned. An eviction request against several parties, including subtenants, was submitted to the Commercial Court of the Canton of Zurich.


8C_586/2025: Inadmissibility of a complaint in the social assistance procedure

Summary of the Facts

Two individuals, A.A.________ and B.A.________, filed a complaint on October 2, 2025, against a decision of the Cantonal Court of Vaud from August 21, 2025. The complaint concerns issues related to social assistance.


4A_206/2025: Decision on the negative declaratory action in connection with a doorstep transaction

Summary of the Facts

The complainant A.________ entered into a doorstep transaction with a sales partner of the respondent B.________ GmbH on May 16, 2022, with the dispute being whether a purchase contract for a facsimile book worth CHF 16,999.-- was concluded. The plaintiff requested a declaration that the claim set against him in a payment order does not exist and the deletion of the debt collection. The first instance granted the negative declaratory action, while the appellate instance dismissed it.


9C_585/2025: Inadmissibility of the complaint against the dog tax in the Canton of Valais

Summary of the Facts

The taxpayer A.________, residing in the municipality of U.________ in the Canton of Valais, filed an objection against the dog tax of CHF 150.- per dog, which the municipality imposed for the tax period 2025. After her objection and subsequent complaints were dismissed by the municipal council and the cantonal court of Valais, she turned to the Federal Court.


8C_543/2025: Decision on the interim complaint regarding supplementary benefits to AHV/IV

Summary of the Facts

The social insurance institution of the Canton of Zurich demanded the heir B.A.________ to repay received benefits and municipal subsidies amounting originally to CHF 139,343.–, later reduced to CHF 84,000.–. The social insurance court of the Canton of Zurich stated that no statute of limitations had occurred, but that further clarifications regarding the estate were necessary. The matter was referred back to the social insurance institution.


4F_37/2025: Ruling on the request for revision against an earlier ruling

Summary of the Facts

The applicant requested a revision of the Federal Court ruling from September 1, 2025 (4D_111/2025), in which the Federal Court did not address the complaint due to insufficient justification. Subsequently, the applicant submitted a request for revision, also requesting the granting of suspensive effect and free legal aid. The requests for suspensive effect were denied by order of the department head. In the revision proceedings, the applicant raised various revision grounds, which the Federal Court examined.


2C_604/2025: Decision regarding the revocation of the EU/EFTA residence permit and expulsion

Summary of the Facts

A Brazilian national, A.________, held an EU/EFTA residence permit in Switzerland due to his marriage to a Portuguese citizen. After the divorce and further developments, the Population Services Office of the Canton of Bern revoked the permit and ordered his expulsion from Switzerland and the Schengen area. A.________ repeatedly filed complaints against the decisions, with the last being dismissed by the administrative court of the Canton of Bern. The Federal Court opened proceedings after A.________ submitted a filing with various formal deficiencies and requested a restoration of the deadline as well as free legal aid.


8C_596/2025: Ruling regarding social assistance (process prerequisites)

Summary of the Facts

Two individuals (A.________ and B.________) filed a complaint with the Federal Court against a ruling of the Administrative Court of the Canton of Zurich. The subject of the dispute is the recovery of social assistance funds amounting to CHF 512.85, which the city of Uster has reclaimed based on cantonal law.


4F_47/2025: Ruling on a request for revision

Summary of the Facts

The applicant A.________ submitted a request for revision against the Federal Court ruling 4A_399/2025 from September 11, 2025. In the mentioned ruling, the Federal Court did not address a complaint from the applicant against a decision of the Commercial Court of the Canton of Zurich and rejected the request for free legal aid. The applicant requested the annulment of the Federal Court ruling, a correction of costs, as well as compensation of CHF 84,594.-- and free legal aid for the revision proceedings.


4A_468/2025: Ruling on the delivery of registered mail and the start of the appeal period

Summary of the Facts

The District Court of Lucerne granted the respondents the definitive legal opening against the complainant. The complainant filed a complaint with the Cantonal Court of Lucerne, which did not address the complaint due to a missed deadline. The complainant then filed a civil complaint with the Federal Court and requested the annulment of the cantonal decision and a referral of the matter for consideration.


2C_598/2025: Ruling regarding the non-renewal of the residence permit and expulsion

Summary of the Facts

The Tunisian national A.________, who had lived in Switzerland since 1996 and originally held a settlement permit, was downgraded to a residence permit with conditions due to long-term dependency on social assistance and contractual misconduct. The criteria for this permit were not met, which is why the residence permit was not renewed and an expulsion from the Schengen area and the EU was ordered. His complaint was dismissed by the lower court.


4D_161/2025: Decision on the complaint in a legal opening procedure

Summary of the Facts

A complainant challenges a decision of the Cantonal Court of Schaffhausen, which dismissed his complaints against legal opening decisions of the Cantonal Court of Schaffhausen. He raises various requests and also requests free legal aid and the correction of a presidential order.


5A_805/2025: Decision regarding parental custody and the relocation of children in divorce proceedings

Summary of the Facts

A.________ and B.________ have been married since 2013 and have two children. After the parents' separation in 2020, alternating custody was initially agreed upon, but later custody was exclusively granted to the mother. In the context of the divorce proceedings, the father provisionally requested that the mother be prohibited from moving with the children and that he be granted sole custody. The District Court allowed the mother to move with the children. The father filed a complaint against this decision.


8C_663/2024: Decision on the disability pension and its limitation

Summary of the Facts

The complainant, who suffers from recurrent depressive disorder, applied for the continuation of an indefinite disability pension. The lower court suspended the pension as of March 31, 2021, as there was no relevant limitation of work ability. The Federal Court found that the mental impairments diagnosed by the expert are legally relevant and justify a complete inability to work in the usual occupation. As of January 2022, a work ability of 64% in an adjusted occupation applies. The ruling of the lower court and the decision of the IV office are annulled, and the matter is referred back to the IV office for reassessment.


7B_456/2025: Ruling on non-admission in a criminal matter

Summary of the Facts

The complainant filed a complaint in criminal matters against a ruling of the Cantonal Court of Bern, which dismissed the complaint proceedings regarding a non-admission ruling due to the withdrawal of the complaint as resolved.


6B_914/2024: Ruling on the accusation of sexual acts with a person unable to resist

Summary of the Facts

The Federal Court deals with a complaint from A.________ against the ruling of the Court of Justice of the Republic and Canton of Geneva from October 1, 2024. In the incident of April 18, 2021, B.________ is accused of having committed sexual acts on A.________, who allegedly was unable to resist due to her heavy intoxication. The lower court acquitted B.________, as it found that A.________ was not completely unable to resist at the relevant time.


4F_33/2025: Non-admission of a request for revision concerning a Federal Court ruling dismissing a complaint

Summary of the Facts

The applicant had requested the revision of an earlier ruling of the Federal Court from August 5, 2025, concerning a dismissed complaint. The original ruling did not address the complaint due to querulous and abusive litigation. The applicant now requested the revision but did not base her request on legally recognized revision grounds.


7B_586/2025: Non-consideration of a complaint in criminal matters

Summary of the Facts

The complainant filed a complaint against a non-admission ruling by the prosecutor of the Lausanne District. The lower court (Chambre des recours pénale of the Canton of Vaud) declared the complaint as late and thus inadmissible. It also rejected the requests for recusal against the prosecutor and the request for free legal aid and imposed procedural costs on the complainant.


8C_625/2025: Complaint against a decision of the Administrative Court of the Canton of Thurgau regarding unemployment insurance: Non-admission due to missing attachments

Summary of the Facts

The complainant filed a complaint on August 28, 2025, against a decision of the Administrative Court of the Canton of Thurgau from July 23, 2025, regarding unemployment insurance. The complaint contained formal deficiencies, particularly missing attachments, which were not remedied despite a set extension period.


5A_903/2025: Decision regarding advance payment and effects on the complaint

Summary of the Facts

Two individuals (A.________ and B.________) filed a complaint with the Federal Court against the request of the Chambre de surveillance of the Cour de justice of the Canton of Geneva to make an advance payment of CHF 400 in connection with a curatorship and a change of curator. The complaint was supplemented by a request for suspensive effect. However, the advance payment was made before the Federal Court could decide on the complaint.


1C_628/2025: Interim decision in a voting rights complaint

Summary of the Facts

A.________ filed a voting rights complaint with the government of the Canton of Basel-Landschaft regarding the municipal assembly of Muttenz. A procedural order from the Finance and Church Directorate called on A.________ to respond, whereupon he filed a complaint with the Cantonal Court of Basel-Landschaft against it. The court did not admit the complaint. A.________ then turned to the Federal Court and requested the annulment of the cantonal court ruling and a separate treatment of his complaints.


1C_294/2024: Complaints concerning heritage protection orders and substitute execution for the old forge at Sonnenberg Castle

Summary of the Facts

A.________, owner of the listed old forge at Sonnenberg Castle in Stettfurt, was obligated by the municipality, as part of a protective measure, to erect an emergency roof at his own expense. The municipality carried out substitute execution after failure to implement it. A.________ and B.________ AG filed various complaints against the decisions of the municipality and the Administrative Court of the Canton of Thurgau. The dispute concerns heritage protection orders as well as the enforcement order of the municipality.


4D_126/2025: Ruling on the observance of deadlines in legal opening procedures

Summary of the Facts

A.________ requested legal opening for a claim of CHF 10,000.-- against B.________ at the District Court of Muri, which was denied. A.________ appealed this decision to the Cantonal Court of Aargau, which did not address the appeal due to a missed deadline. Before the Federal Court, A.________ argued that the lower court had incorrectly considered holidays and that this constituted a violation of the principle of fairness.


4A_469/2025: Decision on a complaint regarding provisional legal opening

Summary of the Facts

A.________ has filed a complaint against the decision of the cantonal chamber, which had dismissed her appeal against the decision of the pretore regarding the provisional legal opening. The pretore had partially and provisionally denied A.________'s opposition to a payment order, as he deemed her claim that she had not signed the underlying contract to be unbelievable. The cantonal chamber declared her appeal inadmissible, as the justification requirements according to Art. 321 para. 1 ZPO were not met.


7B_532/2025: Execution of sentence in the form of electronic monitoring

Summary of the Facts

A.________ was sentenced by the District Court of Bülach to 36 months of imprisonment for professional fraud, multiple forgery, and mismanagement, with a partial suspension of execution (30 months suspended, 6 months served), as well as a fine. After initially applying for semi-detention, he later requested to serve his sentence in the form of electronic monitoring. This request was denied by the Office for Justice Execution and Reintegration of the Canton of Zurich, as well as later by the Directorate of Justice and Internal Affairs and the Administrative Court of the Canton of Zurich, as the requirements for electronic monitoring (including regulated work of at least 20 hours per week) according to Art. 79b para. 2 lit. c StGB were not met.


1C_255/2025: Decision regarding building permit and parcel consolidation

Summary of the Facts

The complainants submitted a building application for a multi-family house in the municipality of Mendrisio, which requires a parcel consolidation. After receiving a positive cantonal opinion, objections from neighbors were dismissed, and the building permit was granted subject to the parcel consolidation. The State Council also dismissed the complaints of the neighbors. The Administrative Court of the Canton of Ticino annulled the permit, as the parcel consolidation is considered an essential prerequisite for the buildability of the affected properties. This led to an appeal to the Federal Court.


4D_163/2025: Inadmissibility of a complaint concerning revision

Summary of the Facts

The complainant filed a complaint against the decision of the Cantonal Court of Schaffhausen, which did not address his request for revision concerning earlier decisions. Additionally, he made various requests, including the granting of free legal aid and the correction of a previous ruling of the Federal Court.


7B_408/2024: Ruling on the unsealing in a criminal procedure regarding drugs

Summary of the Facts

The Public Prosecutor's Office of Rheinfelden-Laufenburg is conducting a criminal investigation against A.________ for a crime against the Narcotics Act. In the course of the investigations, the unsealing of two mobile phones belonging to A.________ was requested. The coercive measures court of the Canton of Aargau approved the unsealing and ordered a triage regarding protected data (including attorney correspondence). A.________ appealed against this decision with the aim of rejecting the unsealing, destroying the data, and recovering the devices. The Federal Court had to clarify whether an irreparable disadvantage exists that would justify addressing the complaint.


7B_641/2025: Non-admission

Summary of the Facts

The complainant challenged the non-admission ruling of the Regional Public Prosecutor's Office of Bern-Mittelland. The Cantonal Court of Bern dismissed the complaint to the extent that it addressed it. The complainant then filed a complaint in criminal matters with the Federal Court.