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 dispositives. 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.
5F_49/2025: Proceedings Concerning the Revision of a Federal Court Judgment
Summary of the Facts
A.________, the applicant, requests a revision of the federal court judgment dated September 2, 2025, under case number 5A_570/2025. The original proceedings concerned the challenge of a super-provisional measure in the context of a modification of the divorce judgment between A.________ and B.________. The applicant claims that the judgment contains factual errors and has not sufficiently taken into account significant objections.
Summary of Considerations
(E.1) The lower court, the civil chamber of the Geneva cantonal court, had declared the applicant's appeal against the super-provisional measure inadmissible. The Federal Court dismissed the appeal lodged against this decision, to the extent it was considered. (E.2) The applicant justifies the revision according to Art. 121 lit. d BGG and states that the Federal Court overlooked or misinterpreted important facts, which justifies a re-examination. (E.3) The revision was submitted in a timely manner within the statutory period of 30 days. Supplementary submissions by the applicant were also submitted within the deadline and are therefore admissible. (E.4) The Federal Court deems it unnecessary to examine the applicant's current and particularly justified interest in the revision, as the submission is nonetheless unsuccessful. (E.5) The Federal Court found that the "Inadvertance" claimed by the applicant (Art. 121 lit. d BGG) is not present. It states that the alleged improper handling of legal reasons is not a ground for revision, and that the criticism presented merely aims at a legal re-evaluation, which is not permissible within the framework of the revision. (E.6) The applicant's demands, such as those regarding alleged misunderstandings regarding the subject of the super-provisional measures, were explicitly addressed by the Federal Court and had no influence on the outcome of the original proceedings. (E.7) The revision is considered obviously unfounded and declared inadmissible. (E.8) As there are no prospects of success, the request for free legal assistance is denied. The costs of CHF 1,500 are imposed on the applicant.
Summary of the Dispositive
The revision is dismissed as inadmissible, and the costs are imposed on the applicant.
6B_354/2025: Decision on the Determination of the Official Defender's Compensation
Summary of the Facts
A. The official defender A.________ was awarded a compensation of CHF 4,395.95 (including VAT) by the cantonal criminal court of the canton of Neuchâtel for the defense of B.________, his client. The client is to refund this in full according to Art. 135 para. 4 StPO. B. A.________ appealed to the Federal Court and requested an increase of this compensation to CHF 5,571.65 or alternatively a remand for a new decision. The canton of Neuchâtel waived comments, while the cantonal public prosecutor's office partially confirmed the correctness of the appeal.
Summary of Considerations
1. (E.1) The Federal Court examines its jurisdiction according to Art. 29 para. 1 BGG and confirms the admissibility of the appeal. Defenders can file an appeal against the determination of their compensation according to Art. 135 para. 3 StPO since 2024. 2. (E.2) The appellant criticizes the reduction of the time spent set by the cantonal instance to 21 hours. In particular, the non-consideration of clearly documented and necessary activities, such as participation in meetings, was deemed arbitrary. - (E.2.1) The Federal Court states that the cantonal instance has considerable discretion. Interventions by the Federal Court only occur in cases of obvious abuse of this discretion. - (E.2.2) It is found that the cantonal instance failed to consider certain work items without justification, although these clearly belong to the duties of an official defender. This violates Art. 135 StPO as well as the right to be heard (Art. 29 para. 2 BV). The matter is to be remanded to the cantonal instance for re-examination. 3. (E.3) Since the appellant prevails, no court costs are charged, and he is granted a party compensation of CHF 1,000.
Summary of the Dispositive
The appeal was upheld, the decision was overturned, and the matter was remanded for a new decision. No court costs were charged, and a compensation of CHF 1,000 was awarded.
1C_230/2025: Access to a Building Police File and Copyright Protection
Summary of the Facts
The company A.________ SA filed an appeal with the Federal Court against a decision of the Vaud cantonal court, which allowed B.________ and C.________ access to a building police file and their ability to make copies of it. The dispute centers on the protection of copyright over planning documents that were subjected to a public building permit procedure.
Summary of Considerations
- **E.1**: The dispute concerns access to official documents according to cantonal and federal law. The appeal is justified regarding the admissibility of the copies, as the protection provisions of the LDA (Federal Act on Copyright) take precedence over general freedom of information laws.
- **E.2.1 to E.2.2**: The plans of the building permit are protected by copyright according to LDA, but could be considered "disclosed" due to the public announcement. The original release to the authority was voluntary, allowing access by third parties for personal use.
- **E.2.3 to E.2.7**: There is no evidence that B.________ and C.________ will use the documents outside the scope of private use under copyright law. The right to make private copies remains guaranteed.
Summary of the Dispositive
The appeal was dismissed, court costs were imposed on the appellant, and no party compensation was awarded.
7B_992/2024: Decision Regarding Identification Recording and DNA Profile
Summary of the Facts
A.________ was suspected by the Basel-Stadt public prosecutor's office of having committed offenses in connection with a demonstration on May 1, 2023. A house search, an arrest, and coercive measures including identification recording and DNA analysis were ordered. A.________ unsuccessfully appealed these orders to the Basel-Stadt Court of Appeals.
Complete summary of the judgment can be found in the Portal.
8C_153/2025: Judgment on Disability Pension and Work Capacity
Summary of the Facts
The appellant suffered a heart attack after moving to Cambodia and returned to Switzerland, where he worked as a mail carrier again. Due to health problems, particularly pulmonary and cardiovascular impairments, he applied for benefits from the disability insurance in 2017. The IV office granted professional measures and awarded him a half disability pension retroactively from November 2019 based on a disability degree of 55% according to a multidisciplinary report dated February 21, 2024.
Complete summary of the judgment can be found in the Portal.
5A_173/2025: Decision on Parental Custody
Summary of the Facts
A.________ (appellant) and B.________ (respondent) are the unmarried parents of the minor child C.________. The KESB City of Lucerne ordered joint parental custody, after which A.________ filed an appeal at the Cantonal Court of Lucerne to retain sole custody. The Cantonal Court dismissed the appeal. A.________ appealed this decision to the Federal Court and requested the allocation of sole custody.
Complete summary of the judgment can be found in the Portal.
5D_50/2025: Judgment on Payment Obligation in the Context of Free Legal Aid in Divorce and Separation Proceedings
Summary of the Facts
The Federal Court deals with an appeal in a case where a petitioner was imposed a payment obligation of CHF 12,092.75 in the context of divorce and separation proceedings. This results from court costs and a fee for legal representation, which were initially covered by free legal aid. The petitioner criticizes, among other things, the handling of his party designation and presents arguments from the context of the state refuse movements.
Complete summary of the judgment can be found in the Portal.
9C_499/2025: Widower's Pension in the Context of the ECtHR Judgment
Summary of the Facts
The appellant, a widower, requested the continuation of his widower's pension, which had previously been discontinued due to his son's coming of age. He cited the ECtHR judgment 78630/12, which declared the discrimination of widowers due to the non-application of the age limit for widow's pensions as contrary to the convention. His request was denied by the compensation fund and later by the Administrative Court of the canton of Bern.
Complete summary of the judgment can be found in the Portal.
2C_578/2025: Non-Admission of Appeal Concerning Residence Permit and Deportation
Summary of the Facts
A.________, an Algerian citizen, has lived in Switzerland for many years without a residence permit. After a rejected application for a hardship permit in Bern and unsuccessful legal remedies, he moved to Biel and submitted another similar request, which the authorities did not admit. The cantonal authorities confirmed these decisions and stated that A.________ has no right to a residence permit. Before the Federal Court, A.________ requested the annulment of the Administrative Court of the canton of Bern's judgment and the granting of a residence permit or temporary admission. He claimed, among other things, that returning to Algeria would be unreasonable for him. The Federal Court did not admit the appeal.
Complete summary of the judgment can be found in the Portal.
5A_693/2024: Judgment on the Granting of an Emergency Access Right
Summary of the Facts
The appellants, co-owners of a property located in an agricultural zone without sufficient road access, initially sued for the granting of an unrestricted footpath and roadway right and for the entry of the corresponding land registry application. After an unsuccessful conciliation procedure and also an unsuccessful appeal before the Appenzell Outer Rhodes Court, they appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5F_64/2025: Revision Request Concerning Garnishment Announcement
Summary of the Facts
The applicant requested the revision of a Federal Court judgment (5A_816/2025 of September 26, 2025), which had dismissed his appeal against the garnishment announcement of the Bern-Mittelland debt enforcement office. He cited new evidence that is supposed to demonstrate the lack of basis for the garnishment.
Complete summary of the judgment can be found in the Portal.
8C_574/2025: Withdrawal of Appeal in Dispute Over Unemployment Insurance
Summary of the Facts
A.________ had filed an appeal against a judgment of the Basel-Landschaft cantonal court concerning procedural conditions related to unemployment insurance. After the appeal was filed, A.________ withdrew it.
Complete summary of the judgment can be found in the Portal.
7B_655/2025: Judgment on Criminal Enforcement Regarding Non-Admission of Appeals
Summary of the Facts
Three appeals from the appellant against decisions of the Zurich Administrative Court, which concern the objection to the refusal of rights, were joined and dealt with by the Federal Court. It was found that the reasoning did not meet the requirements of the Federal Court Act.
Complete summary of the judgment can be found in the Portal.
5A_2/2025: Modification of Measures in the Context of a Divorce Proceeding
Summary of the Facts
A.________ and B.________, married since 2001 and parents of five children, are in divorce proceedings. The points of contention are particularly adjustments of the maintenance payments in favor of the children and the distribution of a benefit paid by the disability insurance (allocation for impotence and additional contribution for intensive care). In addition, changes to the previous measures to preserve the marital community are being discussed. The petitioner (husband) seeks a reduction in the maintenance amounts and a payout from the benefit for the disabled child (F.________) due to his care during the visitation rights. The petitioner (wife) requests higher maintenance payments for several children as well as her own maintenance.
Complete summary of the judgment can be found in the Portal.
8C_92/2025: Judgment Concerning Disability Pension and Inability to Work
Summary of the Facts
The appellant A.________ applied for benefits from the disability insurance due to back complaints that had existed since December 2012. The IV office denied a disability degree of at least 40% after extensive medical investigations, particularly based on the report of Videmus AG, and thus a claim for a disability pension. The Social Security Court of the canton of Zurich dismissed the appeal filed against this decision.
Complete summary of the judgment can be found in the Portal.
5A_843/2025: Proceedings Concerning Super-Provisional and Precautionary Measures Regarding Disposal Power
Summary of the Facts
A.________ filed a "request for super-provisional measures" with the first instance court to block the sale of the company C.________ Sàrl directly in the land register and demanded compensation of at least CHF 10,000. The request was dismissed on August 13, 2025, by the Tribunal of the Districts of Hérens and Conthey, after which she filed an appeal in the cantonal proceedings with the cantonal tribunal of the canton of Valais, which was also dismissed. At the federal level, she filed an appeal against this decision, along with a request for free legal assistance.
Complete summary of the judgment can be found in the Portal.
7B_1016/2025: Decision on Detention for Security Reasons
Summary of the Facts
The appellant, a Swiss doctor, was accused of intentionally killing his wife in October 2021 and committing further offenses, including illegal possession of weapons and violations of the narcotics law. He has been in detention since 2021 and has been charged with serious offenses, including murder and serious drug offenses. Based on a psychiatric expertise, a moderate risk of violent and drug relapses as well as a high risk of domestic violence is claimed. The Federal Court examined the legality of the ordered preventive detention and possible alternative measures.
Complete summary of the judgment can be found in the Portal.
7B_898/2025: Decision on Non-Admittance of a Criminal Procedure
Summary of the Facts
The appellant, A.________, filed a criminal complaint for fraud against B.________ on January 31, 2024. The St. Gallen public prosecutor's office decided on May 2, 2025, not to initiate the criminal proceedings. The appeal filed against this decision with the prosecution chamber of the canton of St. Gallen was dismissed on July 3, 2025, to the extent it was considered.
Complete summary of the judgment can be found in the Portal.
9C_450/2025: Claim for Party Compensation in an Abandoned Procedure in Social Security Law
Summary of the Facts
The compensation fund of the canton of Zurich subsequently revoked the suspensive effect of an opposition by A.________ B.V. and obliged it to pay provisional wage contributions and default interest for the years 2015 to June 2020. In the cantonal proceedings, the appeal of A.________ B.V. against the order of the compensation fund was dismissed as abandoned, as the contributions had meanwhile been definitively determined and paid. The compensation fund appealed to the Federal Court against the award of party compensation to A.________ B.V.
Complete summary of the judgment can be found in the Portal.
5A_804/2025: Admissibility of an Appeal in a Bankruptcy Proceeding
Summary of the Facts
The A.________ GmbH in liquidation filed an appeal against the bankruptcy order by the cantonal court of Glarus with the higher court of the canton of Glarus, which dismissed it. It then turned to the Federal Court, which opened proceedings and demanded the payment of a cost advance. Despite a deadline until October 21, 2025, the cost advance was not paid.
Complete summary of the judgment can be found in the Portal.
5A_810/2025: Decision on the Legal Remedy in a Debt Collection Matter
Summary of the Facts
A.________ filed an appeal in civil matters with the Federal Court on September 18, 2025, against a decision of the Cour des poursuites et faillites des Tribunaux cantonaux of the canton of Vaud, which declared his cantonal legal remedy insufficiently substantiated and therefore inadmissible on September 1, 2025. The point of contention is the irreceivability of an appeal against a bankruptcy dependency that has been pending since 1996 and was completed in 2016.
Complete summary of the judgment can be found in the Portal.
2C_92/2025: Expiration of the Residence Permit Due to Absence from the Country
Summary of the Facts
The appellant, a Kosovo national, had lived in Switzerland since 1993 and obtained a residence permit in 2013. From the spring of 2021, she spent several extended periods in Kosovo while only temporarily returning to Switzerland. The Zurich migration office declared the residence permit expired and refused to reissue or replace it with a residence permit. The security directorate and the Zurich administrative court confirmed the order. Before the Federal Court, she demands the continued validity of her permit.
Complete summary of the judgment can be found in the Portal.
9C_210/2025: Decision on Tax Revision and Correction
Summary of the Facts
The taxpayers A.A.________ and B.A.________ requested a revision and correction of the legally binding assessment for the state and municipal taxes 2022. This was based on an initial market value estimate before an official reassessment was carried out due to a new construction. Their request to consider the market value and imputed rental value according to the reassessment and to consider the imputed rental value only for four and a half months was rejected by the tax administration. The Appenzell Outer Rhodes Higher Court confirmed this decision.
Complete summary of the judgment can be found in the Portal.
9C_451/2025: Decision on Party Compensation in Social Security Proceedings
Summary of the Facts
The compensation fund of the canton of Zurich subsequently revoked the suspensive effect of an opposition by A.________ B.V. and obliged it to pay provisional wage contributions for the years 2015 to 2018. After a definitive contribution assessment, the judicial proceedings were dismissed as abandoned, and the compensation fund was ordered to pay party compensation to A.________ B.V. The compensation fund appealed against this, as it considered the award of party compensation to be contrary to federal law.
Complete summary of the judgment can be found in the Portal.
7B_741/2025: On the Inadmissibility of the Appeal and Insufficient Justification
Summary of the Facts
The appellant A.________ approached the Federal Court after the president of the criminal appeal chamber of the Bern Higher Court declared his appeal against a non-admission order of the regional public prosecutor's office on July 29, 2025, as inadmissible. A.________ also requested free legal assistance in the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_605/2025: Non-Admittance of a Criminal Procedure; Non-Admittance of the Appeal
Summary of the Facts
The appellant opposed the non-admittance order of the Zurich-Sihl public prosecutor's office as well as the rejection of his request for free legal proceedings and legal representation by the Zurich Higher Court.
Complete summary of the judgment can be found in the Portal.
7B_920/2025: Non-Admittance of Appeal Due to Missing Prepayment of Court Costs
Summary of the Facts
A.________ filed an appeal against the non-admittance order of the Geneva public prosecutor's office on June 2, 2025. The lower court, the criminal chamber of the Geneva judiciary, did not admit the appeal with a decision on August 7, 2025, and left the costs of the appeal to be borne by the state. A.________ then filed an appeal to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_922/2025: Decision Concerning Non-Admittance of an Appeal in Civil Matters
Summary of the Facts
The appellant filed an appeal on September 2, 2025, against a decision of the KESB Willisau-Wiggertal dated July 8, 2025, regarding children's matters (change of residence, allocation of custody, and personal contact). The Cantonal Court of Lucerne did not admit the appeal on September 29, 2025, due to late submission of the appeal. The appellant then approached the Federal Court on October 27, 2025, requesting a review of the cantonal court's non-admittance decision.
Complete summary of the judgment can be found in the Portal.
7B_513/2025: Non-Admittance and Non-Admittance of an Appeal
Summary of the Facts
The appellant opposed the non-admittance order of the Graubünden public prosecutor's office dated March 31, 2025. The Graubünden Higher Court did not admit his appeal with a decision dated May 14, 2025. On May 26, 2025, the appellant filed an appeal to the Federal Court, which was forwarded to him.
Complete summary of the judgment can be found in the Portal.
7B_806/2025: Non-Admittance of a Criminal Investigation and Free Legal Assistance
Summary of the Facts
On June 27, 2024, A.________ collided with his e-bike and B.________ with a car at an intersection in Bülach, resulting in A.________ suffering a shoulder injury. Following a criminal complaint by A.________ for negligent bodily injury, the Winterthur/Underland public prosecutor's office decided on August 20, 2024, not to initiate a criminal investigation. The Zurich Higher Court dismissed both the request for free legal assistance and A.________'s appeal. A.________ filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_975/2025: Order Regarding a Criminal Appeal (Dismissal Due to Withdrawal)
Summary of the Facts
The appellant (A.________ AG) filed a criminal appeal against an order of the Zug Higher Court, which concerned a non-admittance and withdrawal. The appeal was subsequently withdrawn by the appellant with a submission dated October 8, 2025.
Complete summary of the judgment can be found in the Portal.
5A_729/2025: Decision of the Federal Court on the Inadmissibility of an Appeal Due to Lack of Cost Coverage
Summary of the Facts
The A.________ SA, a company in liquidation, filed an appeal against a decision of the cantonal authority of Valais in appeal matters concerning debt enforcement and bankruptcy. The lower court had dismissed the appeal against the bankruptcy declaration of A.________ SA. The Federal Court was approached after the company lost the appeal in the lower court.
Complete summary of the judgment can be found in the Portal.
5A_440/2025: New Regulation of Parental Custody and Visitation Rights for a Child of Unmarried Parents
Summary of the Facts
The Federal Court deals with the appeal of the father, who claims sole parental custody for his son after the lower court awarded custody to the mother. The core of the dispute is a chronic parental conflict and its impact on the child's well-being. The lower court found that a substantial change in circumstances existed and that awarding sole custody to the mother was necessary to reduce the child's conflict burden.
Complete summary of the judgment can be found in the Portal.