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New Federal Court rulings from 25.11.2025

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

1C_620/2025: Ruling regarding the waiver of procedural costs

Summary of the Facts

The appellant A.________ requests the waiver of procedural costs imposed on her in connection with the refusal of municipal citizenship. She contests this in a lengthy legal dispute involving several proceedings, where earlier requests were dismissed due to lack of prospects, and complaints were repeatedly declared inadmissible. The Administrative Court of the canton of Bern rejected her request for a waiver of costs on September 10, 2025.

Summary of the Considerations

- **E.1:** It is determined that the appeal under Art. 82 ff. BGG is excluded, as it concerns the waiver of charges (Art. 83 lit. m BGG). The subsidiary constitutional complaint under Art. 113 ff. BGG would theoretically be possible; however, the appellant lacks a legally protected interest (Art. 115 lit. b BGG). - **E. 2:** The arguments of the appellant regarding arbitrariness are examined but rejected, as the Administrative Court based its decision on clear legal grounds. There is no legal claim to a waiver of costs, regardless of the legal norm applied. - **E. 3:** Formal complaints from the appellant, which would imply a review of the main decision, are not permissible ("Star Practice"). The further accusations (including the delay by the previous instance) are considered unfounded due to insufficient substantiation. - **E. 4:** The appellant raises substantive criticism of the decision, which was both legally substantiated and issued within the deadline. The accusation of arbitrariness is unfounded.

Summary of the Dispositive

The appeal is not upheld, and the court costs are imposed on the appellant.


7B_1123/2025: Extension of preventive detention

Summary of the Facts

The Federal Court is dealing with an appeal against the decision of the Basel-Stadt appellate court, which had extended the preventive detention of the appellant. The appellant, who was sentenced to imprisonment in the first instance for rape, denies the suspicion of the crime and the flight risk, as well as the waiver of alternative measures. Additionally, he complains of a violation of his right to be heard. The Federal Court dismisses the appeal.

Summary of the Considerations

- **E.1:** The Federal Court considers the appeal, as the conditions for the judgment are met. - **E.2 to E.3:** The Federal Court confirms the urgent suspicion of the crime, as the previous instance was allowed to rely on the first-instance judgment and the appellant has not presented convincing arguments against this suspicion. - **E.4:** The flight risk is affirmed, based on the appellant's living conditions, his financial and professional uncertainties, as well as the impending expulsion from the country. - **E.5:** The court denies a violation of proportionality or the right to be heard. Alternative measures such as bail or the prospect of a job are not adequate to sufficiently mitigate the flight risk. - **E.6:** There is no excessive detention, and the processing of the evidence request has not been delayed.

Summary of the Dispositive

The appeal is dismissed, and the request for free legal aid is granted.


7B_1012/2023: Decision on the sealing of bank documents in criminal proceedings

Summary of the Facts

A.________ is involved in a criminal proceeding where the public prosecutor's office of the canton of Uri requested bank documents for investigation. A.________ requested the sealing of these documents, which was rejected by both the public prosecutor's office and the coercive measure court. He subsequently filed an unsuccessful complaint with the High Court of the canton of Uri and requested the Federal Court to review the decisions of the previous instance regarding the sealing orders.

Summary of the Considerations

**E.1:** The Federal Court states that the contested cantonal final decision regarding the sealing of data can generally be reviewed by complaint in criminal matters, provided the conditions of Art. 92 and 93 BGG are met. It leaves the question of the admissibility of the complaint open, as the appellant would not succeed anyway. **E.2:** The institute of sealing aims to prevent premature access to protected data. Since the bank documents have already been searched, A.________'s sealing request was inadmissible from the outset. The procedure of the public prosecutor's office, to directly reject the sealing request, is not contested. **E.2.3:** Any objection to the "secret search" of the documents would have to be assessed before the substantive court or in the context of the cantonal complaint. The appellant had already been given the opportunity to challenge this question in the OG BI 23 6 proceedings, which the Federal Court does not further examine, as this point is not at issue here.

Summary of the Dispositive

The appeal is dismissed, and the procedural costs are imposed on A.________.


4A_143/2025: Decision on land register correction and dispute over mental capacity at the conclusion of a contract

Summary of the Facts

The A.________ AG (appellant) sold two plots of land to B.________ AG (respondent) and later claimed that the contract was void due to the mental incapacity of C.________ (acting on her behalf due to excessive opioid use and an acute stress reaction) as well as due to incorrect documentation of the purchase price. She requested a correction of the land register and re-registration as the sole owner of the plots.


9C_471/2025: Claim for benefits from disability insurance

Summary of the Facts

A.________ submitted a new claim for benefits in December 2023 after his pension claim was rejected by disability insurance in November 2021. The administration refused to materially review this claim with a decision dated June 3, 2024. The cantonal court confirmed the rejection on July 25, 2025. A.________ then filed a complaint with the Federal Court and requested its approval as well as a renewed examination of his health condition considering new medical reports.


2C_241/2025: Decision on the assessment of quality as an exploiting person when acquiring an agricultural plot

Summary of the Facts

A.________, an experienced beekeeper, wanted to acquire a 16,880 m² agricultural plot and submitted an application to the agricultural land commission of the canton of Geneva. The plot is currently leased and should continue to be used for agricultural purposes. The commission rejected the application, as only a small portion of the area would be needed for the intended activity. The previous instance, the Geneva Court of Justice, granted the approval after determining that A.________ met the requirements as an exploiting person, particularly through her successful activity as a beekeeper.


6B_546/2024: Negligent homicide and breach of duty of care

Summary of the Facts

The appellant, a farm worker, was convicted of negligent homicide after he overlooked and fatally injured a person while reversing an agricultural vehicle. He denied the negligent breach of his duty of care as well as causality and requested the Federal Court to overturn the cantonal judgments.


1C_74/2025: Decision on a public employment relationship

Summary of the Facts

A.________ was hired by the municipality of Bernex in 2017 and has been working as the head of the SDU since 2018. After repeated conflicts over working conditions, a critical communication style towards employees and external partners, and a lack of trust from the municipal council, the municipality decided to terminate the employment relationship.


5A_871/2025: Decision regarding the return of a minor child to Spain

Summary of the Facts

A mother, A.________, traveled to Switzerland in March 2025 with her son, C.________, without the father's consent, B.________, and refused to return. The father requested the immediate return of the child to Spain before the Geneva judiciary, supported by the Hague Convention on the Civil Aspects of International Child Abduction (CLaH80). The Geneva courts ordered the immediate return of the child to Spain. In response, the mother complained, arguing that the return would endanger the child's rights.


7B_1021/2025: Decision on the admissibility of a complaint regarding inpatient therapeutic measures

Summary of the Facts

The Federal Court had to decide on the complaint of A.________, who requested his conditional release from the inpatient therapeutic measure ordered under the Penal Code (Art. 59 StGB) or his transfer to open custody. The previous instance, the Administrative Court of the canton of Solothurn, had dismissed the complaint against the continuation of the measure.


1C_589/2024: Decision on the building permit dispute in the municipality of Bulle

Summary of the Facts

C.________ applied on May 6, 2021, for a building permit to renovate a building in the old town of Bulle, including four apartments in the attics and other structural changes. The owners of the neighboring plot, A.A.________ and D.A.________, opposed this. The responsible cantonal and municipal authorities approved the project despite differing regulations in the building and zoning regulations, but under conditions. After the cantonal tribunal overturned an earlier decision of the prefect, the project was revised again, and the building permit was granted on June 22, 2023. The neighbors' opposition was dismissed. In a ruling dated September 2, 2024, the cantonal tribunal dismissed a complaint from the neighbors against the building permit. D.A.________ later passed away, and his daughter B.A.________ entered the proceedings.


6B_570/2025: Ruling of the Federal Court

Summary of the Facts

The case concerns a criminal matter in which A.________ was convicted of sexual assaults and rape against B.________. The previous instance had confirmed A.________'s guilt and sentenced him to 36 months of imprisonment. The appellant requested the Federal Court for a complete acquittal or at least the granting of a partial sentence deferral (so-called partial conditional execution).


5A_891/2024: Decision on maintenance contributions in the context of measures for the protection of the marital community

Summary of the Facts

A.________ and B.________ have been married since 2013, have lived apart since May 2022, and have a daughter together. Both parties have children from previous relationships. The wife requested measures for the protection of the marital community, including maintenance contributions. The previous instance changed an earlier order and increased the maintenance contributions for the daughter and the wife, to which the husband appealed.


1C_610/2025: Ruling on the withdrawal of vehicle registration and license plate

Summary of the Facts

A.________ filed a complaint against the withdrawal of the vehicle registration and license plate, which was confirmed by the appeal decision of the Security Directorate of the canton of Zurich. The Administrative Court of the canton of Zurich set a deadline for him to pay a cost advance, which he ignored. The court did not consider his complaint and imposed court costs on him.


8C_394/2025: Decision on issues of unemployment insurance and residence permit

Summary of the Facts

A.________, a foreign national with a master's and doctorate in theology, was employed as a priest from December 2021 and received a residence permit (short-stay permit L) for this employment, which was valid until December 19, 2022. After a dismissal and loss of his position, A.________ registered as unemployed on November 3, 2023, and applied for unemployment benefits. The responsible cantonal authority (DGEM) declared him unfit for the labor market due to the lack of work rights. The previous instances confirmed the decision.


4A_429/2025: Ruling on the challenge of a termination and appeal reasoning in tenancy law

Summary of the Facts

The A.________ GmbH, which operates a car garage business in rented premises, challenged the termination of the lease by the landlord (formerly C.________ AG, later merged into B.________ AG) and requested an extension of the tenancy. The District Court of Uster declared the termination valid but extended the tenancy until August 31, 2025. The Cantonal Court of Zurich did not consider the appeal of the tenant party, as its reasoning was deemed insufficient.


1C_297/2025: Decision on the mootness of a construction project

Summary of the Facts

A public call for comments on the construction project on September 25, 2024, led to several oppositions. After the responsible municipality Rolle declared the oppositions to be treated by the cantonal authority, the matter was brought before the cantonal court. This declared the first complaint against the municipality's communication inadmissible. The complaint filed with the Federal Court became moot due to the EVAM's abandonment of the project.