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 further rulings, you will find a summary of the facts for each case. 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.
6B_458/2025: Serious Offence Against the Narcotics Act
Summary of the Facts
The appellant, an Eritrean national, was convicted of a serious offence against the Narcotics Act (BetmG). He was accused of being involved in international drug trafficking by transporting and delivering large quantities of cocaine. The lower courts imposed a prison sentence of four years as well as a ban on entering the country for ten years, along with an entry in the Schengen Information System (SIS).
Summary of the Considerations
- **E.1**: The Federal Court examined the appellant's allegations that there was an arbitrary determination of the facts and a violation of the principle *in dubio pro reo*. The Court found that the cantonal instance based its findings on a multitude of consistent indications and that there was no arbitrariness. The classification of the appellant as a co-perpetrator (and not just as an accomplice) was confirmed. - **E.2**: Regarding the assessment of the penalty, the Federal Court noted that the cantonal instances correctly valued the seriousness of the offense, including the large quantity of cocaine and the international context of the drug trade. The request for a partial or complete deferral of the sentence was rejected. - **E.3**: The ordered expulsion of the appellant was deemed proportionate. Given the severity of the crime, no exceptional personal hardship justifying a deviation from the standard expulsion was found. The entry in the Schengen Information System was also assessed as appropriate and proportionate.
Summary of the Dispositive
The appeal is dismissed, and the court costs of 1,200 Swiss Francs are imposed on the appellant.
6B_665/2025: Judgment of the Federal Court on the Proportionality of the Sentence
Summary of the Facts
A.________ was convicted by the District Court of Veveyse on October 3, 2022, for violence, sexual violence, rape, and unauthorized access to a computer system, and sentenced to three years in prison, of which two years are conditional. On December 20, 2023, the Cantonal Court of Fribourg reduced the sentence to two years, conditional for five years. However, on November 7, 2024, the Federal Court granted the prosecution's application, annulled the judgment, and referred the case back for a new decision. On June 6, 2025, the Cantonal Court sentenced A.________ to 33 months in prison, 12 months unconditional and 21 months conditional. A.________ appealed this judgment and sought a reduction of the sentence to 24 months with full enforcement or alternatively a reduction of the unconditional sentence to 3 to 6 months.
Summary of the Considerations
1. The appellant argues that his right to a hearing was violated because the Cantonal Court rejected a requested postponement of the hearing on June 6, 2025. The Federal Court emphasizes that the appellant was willing to participate in an audiovisual interrogation, which did not violate the right to enter the hearing. 2.1. The appellant contests the severity of the sentence, claiming it does not correspond to the seriousness of his behavior. The Federal Court finds that the determination of sentences lies within the discretion of the judge but must not exceed the legal framework. In this case, it was determined that the requested sentence of 24 months is clearly too low. 2.2. The appellant contests that he was not granted a full deferral of the sentence, which is impermissible since the sentence exceeds two years. The sentence imposed by the Cantonal Court was deemed appropriate, and the reasons for a suspensive effect are insufficient.
Summary of the Dispositive
The Federal Court dismissed the appellant's appeal and confirmed the sentence of 33 months, and the court costs were also imposed on him.
6B_475/2025: Decision on Appeals Concerning Negligent Simple Bodily Injury, Arbitrariness, and Violation of the Right to be Heard
Summary of the Facts
The parties A.________ and B.________, employees of the ski company D.________ SA, were responsible for the proper functioning of a ski lift with legal safety requirements. On February 29, 2016, the Belgian tourist C.________ was seriously injured after a collision with a ski lift bar. The lower court convicted the appellants of negligent simple bodily injury according to Art. 125 para. 1 StGB. Both were fined, with a two-year probation period. The appellants contest this decision.
Summary of the Considerations
- **E.2**: The principle *ne bis in idem* was not violated. There was new evidence and facts that justified the reopening of the previous dismissal decision (Art. 323 para. 1 CPP).
- **E.3**: The appellant B.________ was able to exercise his right to be heard, but did not submit any further evidence requests, so there is no violation of Art. 6 para. 3 of the ECHR or Art. 29 para. 2 BV.
- **E.4**: The objections raised against the value of the expert opinions regarding the snow depth and the distance of the ski lift bar to the snow surface were deemed unfounded. The lower court could rely on the results of the expert opinions without arbitrariness.
- **E.5**: The lower court neither arbitrarily determined the facts nor violated the presumption of innocence. There was no uncertainty regarding the course of the accident and the relevant factors due to the circumstances.
- **E.6**: Negligence was affirmed for both appellants since they violated their duties of care (e.g., checking the snow depth and considering safety requirements). The lower court correctly found that the victim's injuries were in a natural and adequate causal relationship to the omissions of the appellants.
Summary of the Dispositive
The appeals were dismissed, and the court costs were imposed on the appellants, while no party compensation was awarded.
2C_369/2025: Review of a Restriction Order Under Art. 74 AIG Against a Foreign National
Summary of the Facts
The Indian national A.________, against whom there is a final expulsion decision, challenged the restriction ordered by the Migration Office of the Canton of Zurich to the district of V.________ and its spatial adjustment by the Administrative Court of the Canton of Zurich as disproportionate. The Federal Court upheld the restriction taking into account the expanded conditions (inclusion of the residence of his children). The restriction serves to ensure the enforcement of the expulsion and is considered proportionate by the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_405/2025: Judgment on International Sports Arbitration
Summary of the Facts
The appellant, a former Serbian football player, claims outstanding payments from a Polish football club as the alleged legal successor of an insolvent club. Previous FIFA decisions and a procedure before the Court of Arbitration for Sport (CAS) had not yielded favorable results for him. After a renewed disciplinary procedure, the CAS dismissed the player's claims citing the binding nature of its earlier decision (res iudicata). In an appeal to the Federal Court, he claimed a violation of the right to be heard.
Complete summary of the judgment can be found in the Portal.
5A_722/2024: Protective Measures of the Marital Community (Maintenance Contributions)
Summary of the Facts
A.A.________ (born 1981) and B.A.________ (born 1988) married in 2008 and have two children together (born 2012 and 2016). Since February 7, 2021, they have been living apart. In the context of protective measures of the marital community, alternating custody of the children was ordered in 2022 and maintenance contributions were established, which were adjusted several times by the lower courts. The dispute particularly revolved around the amount of maintenance contributions in favor of the wife from May 1, 2022.
Complete summary of the judgment can be found in the Portal.
6B_632/2025: Inadmissibility of the Appeal Due to Insufficient Justification
Summary of the Facts
The appellant was convicted by the District Court of Zurich on December 14, 2023, for mismanagement, failure to keep accounts, and multiple money laundering to a partially conditional prison sentence. The Cantonal Court of Zurich changed this sentence to an unconditional prison sentence. The appellant appealed this decision to the Federal Court, alleging in particular a violation of the right to be heard and the right to a fair trial.
Complete summary of the judgment can be found in the Portal.
5A_785/2024: Amendment of a Divorce Judgment Regarding Maintenance Payments
Summary of the Facts
The appeal before the Federal Court concerns the amendment of a divorce judgment from 2012 regarding the maintenance payments of the appellant for his two daughters from his first marriage, B.A.________ and C.A.________. The maintenance contributions to be amended are at the center of a conflict that has played out over several years before the lower courts. Central were, among other things, the examination of new facts, the economic circumstances of the parties, and the educational status of the children. The lower court, the Vaud Cantonal Court (Cour d'appel civile), partially amended the divorce judgment and established new maintenance contributions.
Complete summary of the judgment can be found in the Portal.
1C_470/2025: Non-Admission of Appeals Concerning Protection Contract and Building Permit
Summary of the Facts
The Federal Court reviewed appeals from A.A.________ and B.A.________ against two judgments of the Administrative Court of the Canton of Zurich. These concern the approval of a protection contract for a protected Norway maple and the building permit for a multi-family house with a garage on the same property. Due to the connection of both proceedings, it was decided that they can only be regarded as interim decisions and that neither of the decisions concludes the procedure.
Complete summary of the judgment can be found in the Portal.
7B_911/2025: Judgment on the Non-Admission Decision Regarding Recusal and Legal Aid
Summary of the Facts
The appellant A.________ requested the lower court to accept his recusal request against the competent public prosecutor and to grant him legal aid. The Federal Court reviewed the appeal against the decision of the Cantonal Court of Lucerne, but did not admit it due to the insufficient justification of the submission. The request for legal aid was dismissed due to lack of prospects for success.
Complete summary of the judgment can be found in the Portal.
2C_588/2025: Detention for Deportation – Assessment of the Appeal from A.________
Summary of the Facts
A.________, a Turkish national, applied for asylum in 2022, which was denied in 2025. His appeal against the negative decision was dismissed by the Federal Administrative Court. He left the assigned asylum center, went underground, and was apprehended by the police on September 30, 2025. The competent office ordered detention for deportation, which was confirmed by the lower court. A.________ filed an appeal with the Federal Court against this.
Complete summary of the judgment can be found in the Portal.
4D_215/2025: Non-Admission of the Appeal
Summary of the Facts
A.________ and C.________ were ordered by the Tribunal des baux et loyers in Geneva on August 28, 2025, to vacate a furnished apartment and pay the landlord B.________ SA 2,800 CHF (plus interest). A.________ appealed against points 2 and 3 of the dispositive, which the Chambre des baux et loyers of the Cantonal Court of Geneva declared inadmissible on September 24, 2025. Thereafter, A.________ submitted a subsidiary constitutional appeal to the Federal Court on October 30, 2025, accompanied by a request for suspensive effect and legal aid.
Complete summary of the judgment can be found in the Portal.
4A_125/2025: Judgment on Claims from the Work Contract
Summary of the Facts
The A.________ AG, a construction company, demands payment of CHF 259,798.65 or CHF 267,779.45 plus interest from the Canton of Basel-Stadt based on its services in the renovation of the B.________ hall. The basis claimed by it is a work contract from June 25, 2018, the conclusion of which is disputed by the respondent. The lower courts dismissed the claim as the conclusion of the work contract was not proven.
Complete summary of the judgment can be found in the Portal.
7B_813/2025: Judgment on the Approval of a Fortuitous Find from Surveillance
Summary of the Facts
The criminal proceedings are based on an extensive surveillance operation against three main suspects for human trafficking and other offenses. In the process, fortuitous finds emerged that implicated the person A.________. The public prosecutor requested the approval for the use of these findings in 2022. A.________ appealed against the approval, which was largely dismissed by the Cantonal Court of Bern.
Complete summary of the judgment can be found in the Portal.
4A_293/2025: Judgment Regarding Work Contract and Additional Claims
Summary of the Facts
The A.________ AG (appellant) entered into a work contract with the municipality of U.________ (respondent) for the establishment of a flood protection project, where unexpected additional quantities and services arose due to unforeseen soil conditions. The final billing was disputed through the cantonal proceedings. The work contract stipulated the application of the SIA standard 118. The appellant claimed a further outstanding work fee; however, the lower courts recognized only a partial amount as owed.
Complete summary of the judgment can be found in the Portal.
5F_63/2025: Inadmissibility of the Revision Request
Summary of the Facts
The decision concerns a revision request against the judgment of the Federal Court (5A_503/2025) of September 10, 2025, which declared an appeal against a judgment of the lower court (decision of June 4, 2025, of the Cour des poursuites et faillites of the Cantonal Court of Vaud) inadmissible. The original judgment of the Federal Court declared the appeal inadmissible due to a late payment of the cost advance. The rejection of the legal aid was final in the previous proceedings. A revision request according to Art. 121 ff. BGG was submitted on October 6, 2025. The revision request was deemed unclear and unfounded. In particular, it was considered inadmissible as it was submitted late (Art. 124 para. 1 lit. b BGG). The request for disqualification of federal judges was deemed abusive by the Federal Court and was therefore dismissed. The court costs amounting to 800 Swiss Francs were imposed on the applicant. Further handling of similar submissions from the applicant is reserved.
Complete summary of the judgment can be found in the Portal.
5A_664/2025: Will and Inheritance Contract in Conflict
Summary of the Facts
The deceased E.A. had created a will in which he disinherited his son A.A. and instead appointed his grandson I.A. as heir. However, this entry provision conflicted with an earlier inheritance contract, in which E.A. had stipulated that his three children would inherit equally. After E.A.'s death, the distribution of the estate and the question of the annulment of the will and the disinheritance of A.A. became contentious. A.A. subsequently attempted to reintegrate certain estate assets and allegedly unlawful distributions to other heirs into the estate.
Complete summary of the judgment can be found in the Portal.
2C_581/2025: Non-Admission of the Appeal
Summary of the Facts
The appellant, a Greek national, applied for the extension of his EU/EFTA residence permit, which had been valid until February 11, 2024. The Migration Office of the Canton of Zurich rejected the extension on November 11, 2024, and ordered his expulsion. Two delivered letters were not picked up in time, and the deadline for submitting an appeal expired on December 20, 2024. A request for restoration of the deadline was rejected by the Security Directorate of the Canton of Zurich. The Administrative Court of the Canton of Zurich confirmed this decision, after which the appellant filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_358/2025: Judgment Regarding Attempted Murder and Ordering a Stationary Therapeutic Measure
Summary of the Facts
The appellant A.________ is accused of having severely injured B.________ with a hammer in Basel on June 26, 2022. The Cantonal Court of Basel-Stadt qualified this act as attempted murder but found him not guilty due to paranoid schizophrenia and ordered a stationary therapeutic measure.
Complete summary of the judgment can be found in the Portal.
6B_658/2025: Inadmissibility of the Appeal Due to Lack of Cost Advance
Summary of the Facts
The appellant had appealed against a judgment of the Cour d'appel pénale des Tribunal cantonal des Kantons Vaud in a criminal matter. The appeal was declared inadmissible due to the failure to timely pay the cost advance.
Complete summary of the judgment can be found in the Portal.
4A_76/2025: Legitimacy Check in Banking Transactions and Approval
Summary of the Facts
The appellant, majority shareholder of a corporate group, managed various accounts and deposits through a bank, including a category account, which was allegedly opened based on a supposedly forged signature by a former customer advisor. Payments in the millions were made through this account multiple times, ultimately leading to financial damage for the appellant. The bank argued, based on agreements and T&Cs, that the appellant is liable for any potential damage since there was no gross negligence on the part of the bank, and the transactions are considered approved.
Complete summary of the judgment can be found in the Portal.
4A_518/2025: Withdrawal of an Appeal in a Civil Procedure Before the Federal Court
Summary of the Facts
The appellants A.________ and B.________ filed an appeal against the judgment of the Civil Chamber of the Cantonal Court of Valais on September 11, 2025, on October 15, 2025. The matter in dispute concerned an expulsion and a revision. On November 3, 2025, the legal representative of the appellants informed the Federal Court that the appeal had been withdrawn.
Complete summary of the judgment can be found in the Portal.
5A_897/2025: Inadmissibility of the Appeal and Dismissal of the Request for Legal Aid
Summary of the Facts
A.________ requested an adjustment of the protective measures in marriage at the court of first instance in Geneva, which reduced or revoked his maintenance obligations. After a rejected request for legal aid and an unfulfilled cost advance requirement from the lower court, A.________ repeatedly took the matters to higher instances, including the Federal Court, which had already made negative decisions in previous judgments. The current point of contention relates to the obligation to pay the cost advance.
Complete summary of the judgment can be found in the Portal.
7B_712/2024: Dismissal of the Appeal Due to Non-Initiation of the Criminal Investigation
Summary of the Facts
The appellant filed a criminal complaint for fraud against the accused. He claimed that the accused had intentionally concealed the financial situation of a company from him, which led him to financial obligations. On October 3, 2023, the Public Prosecutor's Office of Geneva rejected taking evidence and opening a criminal investigation. The Chambre pénale de recours of the Canton of Geneva dismissed the appellant's appeal against the non-initiation decision of the Public Prosecutor's Office on May 24, 2024. The lower court found that there were no sufficient grounds for suspicion of the alleged fraud. The appellant filed an appeal with the Federal Court and requested the annulment of the non-initiation decision and the referral back to the lower court or the Public Prosecutor's Office for the resumption of the criminal investigation.
Complete summary of the judgment can be found in the Portal.
6B_520/2025: Decision 6B_520/2025
Summary of the Facts
A.________ was convicted by the Criminal Court of the Saanen District (FR) for rape, attempted sexual coercion, attempted coercion, as well as eavesdropping and recording conversations between other persons to a prison sentence of 36 months, of which 12 months are unconditional and 24 months conditional. The conditional sentence was linked to psychotherapeutic care. The Cantonal Court of Fribourg confirmed this judgment in full. A.________ requested the Federal Court to annul the convictions and the sentence.
Complete summary of the judgment can be found in the Portal.
2C_527/2024: Judgment on the Refusal to Extend a Residence Permit Following the Dissolution of the Marital Community
Summary of the Facts
A.________, a national of Colombia, received a residence permit in Switzerland due to his marriage to a Swiss citizen. However, the marital community dissolved at the latest on October 7, 2022, and the amicable divorce took place on January 12, 2023. His application for an extension of the residence permit was rejected as the necessary conditions under Art. 50 para. 1 lit. a AIG were not met.
Complete summary of the judgment can be found in the Portal.
8C_743/2024: Judgment Regarding Invalidity Insurance (Disability Pension)
Summary of the Facts
The appellant filed for benefits twice with the IV office of the Canton of Aargau. After an occupational accident in 2016, which resulted in amputations of the right hand, an SMAB report was obtained. Based on this, the IV office granted a full disability pension for the period from July 1, 2017, to May 31, 2018. The Insurance Court of the Canton of Aargau dismissed the appeal against this. The appellant sought an indefinite full pension or a referral for further clarification before the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_428/2025: Judgment Regarding Invalidity Insurance
Summary of the Facts
The appellant, A.________, worked part-time as a veterinary practice assistant. After being completely unable to work since February 2023, she applied for benefits from the IV office in Bern due to "burnout". By decision dated November 21, 2024, the IV office rejected the application, stating that no health impairment with disabling effects in the legal sense was present. The Administrative Court of Bern confirmed the rejection on June 17, 2025.
Complete summary of the judgment can be found in the Portal.