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New Federal Court rulings from 02.12.2025

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.

6B_333/2025: Ruling regarding criminal proceedings against the complainants for sexual offenses, violence against persons, and drug offenses

Summary of Facts

The three complainants (A.________, B.________, and C.C.________) were convicted of various criminal offenses, including serious sexual offenses and drug trafficking. The sentences include long-term imprisonment and partial expulsion from the country. The lower court (Tribunal cantonal du Valais, Cour pénale I) partially reformed the first-instance decision. The convicted individuals appealed the rulings to the Federal Court.

Summary of Considerations

**E.1:** The proceedings for all three complainants were consolidated for a unified decision in accordance with Art. 71 BGG and Art. 24 BG. **E.2:** The complainants objected to the rejection of the renewed hearing of the victim witness by the lower court. The Federal Court confirmed the lower court's position that sufficient evidence had been gathered based on earlier police and prosecutor interviews and a filmed reconstruction, and that there was no violation of the right to be heard. **E.3:** The complainants criticized the evaluation of evidence by the lower court and claimed that the principle *in dubio pro reo* had been violated. The Federal Court found that the lower court based its assessment on a comprehensive evaluation of the evidence and did not make arbitrary decisions. **E.4:** The first complainant (A.________) complained of a violation of the prohibition of *reformatio in pejus*. The Federal Court stated that the prosecutor's appeal was lawful and that the aggravation of the sentence did not constitute a violation of the prohibition. **E.6 and E.7:** The two expulsions (against B.________ and C.C.________) were thoroughly examined. The Federal Court emphasized the severity of the crimes, the threshold for imprisonment, and the existing security risks. The interests of the complainants in remaining in Switzerland were weighed against public interests. The legality and proportionality of the expulsions were confirmed. Likewise, the duration of the expulsions was deemed appropriate. **E.6.4:** The appeal by B.________ regarding the non-entry into the Schengen Information System (SIS) was dismissed. **E.8:** The submissions regarding suspensive effect and further provisional measures were rendered moot as the main issue was decided.

Summary of Disposition

The appeals were dismissed and the proceedings were consolidated. Furthermore, procedural costs of 3,000 CHF were imposed on each complainant.


6B_440/2025: Order regarding the withdrawal of an appeal in a criminal matter

Summary of Facts

The complainant filed an appeal on May 15, 2025, against a decision of the Cantonal Court of Zurich dated March 12, 2025. With a submission dated November 14, 2025, the appeal was withdrawn.

Summary of Considerations

- **E.1:** The president notes that the proceedings must be discontinued due to the withdrawal of the appeal. - **E.2:** In application of Art. 66 para. 2 BGG, it is decided to waive the imposition of court costs.

Summary of Disposition

The proceedings were discontinued due to the withdrawal of the appeal. No costs are imposed, and the decision is communicated to the parties in writing.


7B_1387/2024: Violation of traffic rules according to Art. 90 para. 2 SVG

Summary of Facts

The complainant, a Swiss citizen, was initially convicted by the district court of Broye and Nord vaud and later by the cantonal appeals chamber of Vaud for serious traffic offenses (Art. 90 para. 2 SVG). On January 29, 2023, he pursued a police vehicle on the A5 highway over a considerable distance at a distance of approximately 15 meters and at high speed. The evidence was partially obtained in violation of legal information obligations, which was disputed in the proceedings.

Summary of Considerations

- **E.1:** The procedural prerequisites for the appeal are met. The appeal was submitted in due form and within the time limit, and the complainant is entitled to appeal as he is directly affected. - **E.2 to E.2.4:** The evidence collection by the police, particularly the informal questioning of the complainant and the reconstruction of the situation, was partially conducted in violation of Art. 158 StPO. Such evidence is not admissible according to Art. 158 para. 2 StPO. However, the subsequently properly obtained evidence remains admissible. The cantonal appeals chamber should have recognized and assessed the evidentiary error. - **E.3:** The appeals chamber did not act arbitrarily in its determination of the facts. The statements of police officers regarding the distance measurement are based on plausible and standardized visual indicators (marking lines on the highway). - **E.5:** The speed of 110 km/h and the distance of 15 meters are sufficient according to case law (including minimum distance according to BGer practice) to fulfill the criteria for serious traffic rule violation. - **E.6:** The opposing party (the police) acted correctly, and the finding of the serious rule violation remains upheld.

Summary of Disposition

The complaint is dismissed, and the court costs of 3,000 CHF are to be imposed on the complainant. No party compensation is awarded.


6B_724/2025: Order to discontinue proceedings due to withdrawal of the appeal

Summary of Facts

The complainant filed an appeal against a ruling of the Cantonal Court of Valais and simultaneously requested free legal aid. After a repeatedly extended deadline for the submission of the request and the submission of a power of attorney, no further input was received from the complainant or his representative, after which the withdrawal of the appeal was declared.


2D_16/2024: Decision regarding residence permit and hardship application

Summary of Facts

The complainant, A.A.________ (born 1991), is a citizen of Sri Lanka and entered Switzerland illegally. Her application for a residence permit in 2017 for family reunification was definitively denied. Two subsequent applications (including a hardship application) from 2022 and 2023 were also not processed or denied. With a subsidiary constitutional complaint, she requests a review of the matter.


4A_338/2025: Subjective jurisdiction of the commercial court regarding value in dispute issues

Summary of Facts

The dispute concerns the release of documents related to a completed mandate between the B.________ Foundation and A.________ AG. The plaintiff demands correspondence from the last ten years with third parties involved in the execution of the mandate. The defendant raised the objection of lack of jurisdiction of the commercial court, claiming that the value in dispute was below the threshold of CHF 30,000. The commercial court of the Canton of Zurich dismissed her objection, as well as her other procedural requests (rescheduling of the response deadline, etc.).


5A_822/2025: Lack of justification of an appeal

Summary of Facts

The complainant filed an appeal on September 22, 2025, against a ruling of the Cantonal Court of Zurich dated September 1, 2025, as well as against a ruling of the same court dated August 20, 2025. The proceedings concern a dispute over the legality of seizure announcements and the rejection of a legal remedy by the lower courts due to the abusive behavior of the complainant. The Federal Court had already dismissed requests from the complainant for suspensive effect and waiver of cost advances during the ongoing proceedings.


6B_628/2025: Objection against penalty order, withdrawal fiction

Summary of Facts

A.________ was issued a penalty order by the public prosecutor's office of the Canton of Basel-Stadt on February 14, 2025, due to a violation of traffic rules, with a fine of CHF 40 and procedural costs of CHF 205.80. A.________ filed an objection against this penalty order. Since he unexcusedly failed to attend the main hearing before the single judge of the criminal court on April 16, 2025, the objection was declared withdrawn in accordance with Art. 356 para. 4 StPO. This was confirmed by the appellate court of the Canton of Basel-Stadt. A.________ filed a complaint with the Federal Court requesting the annulment of the appellate court's decision or the referral of the case for re-examination.


6B_801/2025: Inadmissibility of appeal against lower court order due to insufficient justification

Summary of Facts

The complainant, A.________, filed an appeal against an order of the Cantonal Court of Schaffhausen, which on September 5, 2025, did not enter into an objection against a penalty order due to insufficient justification of the appeal. The complainant mainly addressed the material aspect of the matter in his submission and requested an acquittal or a reduction of the sentence as well as damages. The appeal to the Federal Court did not meet the legal justification requirements, particularly lacking a substantive discussion of the lower court's inadmissibility order.


5A_977/2025: Ruling regarding super-provisional measures

Summary of Facts

The unmarried parents of a daughter born in 2016 are in dispute over parental matters. The father requested a super-provisional arrangement for personal contact within the framework of an ongoing KESB modification procedure, which both KESB and the cantonal authorities rejected. The Cantonal Court of Zurich did not enter into the father's appeal as there is no legal remedy against super-provisional orders at the cantonal level.


6B_542/2024: Partial grant of the complaint

Summary of Facts

The Regional Court of Berner Jura-Seeland convicted A.A.________ on June 2, 2022, for various offenses (including endangerment of life, violation of care and education duties, multiple coercions) to a partially conditional prison sentence of 3 years and a fine of 180 daily rates, as well as an expulsion from the country for 7 years. The Cantonal Court of Bern confirmed the convictions in essence on November 9, 2023. It increased the prison sentence to 5 years and confirmed the expulsion. A.A.________ filed a complaint with the Federal Court requesting acquittal on certain points, a milder sentence, and waiver of the expulsion.


2C_40/2025: Decision on granting a residence permit in the context of family reunification

Summary of Facts

The Ecuadorian citizen A.________ applied for a residence permit for family reunification after entering Switzerland with her Swiss and Ecuadorian husband B.________. The authorities refused to grant the permit, citing a prognosis of significant and permanent dependence on social assistance. The cantonal legal remedies were unsuccessful, and the matter reached the Federal Court.


8C_449/2025: Inadmissibility of a complaint due to non-payment of cost advance

Summary of Facts

The complainant, A.________, filed a complaint against the ruling of the Cantonal Court of Basel-Landschaft dated March 27, 2025. During the proceedings, he was obligated to pay a cost advance in connection with the refusal of free legal aid. The prescribed payment was not made either within the original deadline or within an extended deadline.


8C_320/2025: Ruling on disability insurance

Summary of Facts

The complainant A.________ registered with the IV office of Obwalden for disability insurance benefits in 2016 due to an accident. After medical and occupational assessments, based on a report from medexperts AG, the IV office rejected his pension claim with a decision dated December 6, 2023, as the degree of disability was only 13%. The complainant filed a complaint against this decision, which was dismissed by the Cantonal Court of Obwalden on April 10, 2025. With the complaint in public law matters, A.________ requested a disability pension with a degree of disability of at least 50%.


5A_858/2024: Recognition of a foreign ruling and child matters

Summary of Facts

The complainant (father) and the respondent (mother) are the unmarried parents of a common child for whom parental custody exists. After the child was placed under the care of the mother by the Basel-Stadt Child and Adult Protection Authority (KESB) and the mother moved to France with the child, the Tribunal Judiciaire de Paris decided to establish the child's residence with the father in Switzerland. The mother subsequently requested at KESB Basel-Stadt that this ruling not be recognized and that the previous decisions of the Swiss authorities continue to be enforced. The father appealed the KESB Basel-Stadt's non-recognition decision to the appellate court of Basel-Stadt. This dismissed the appeal due to a lack of legal interest. Subsequently, the mother established her residence in Switzerland, and the Tribunal de protection de l'adulte et de l'enfant Geneva opened a child protection procedure and issued super-provisional measures.


2C_16/2025: Disciplinary proceedings against a lawyer for charging an additional fee in the context of free legal assistance

Summary of Facts

A lawyer demanded an additional fee from a client benefiting from free legal assistance, for which he was sanctioned under disciplinary law. The lower courts found that this demand was not compatible with the rules for free legal representation.


6B_661/2025: Complaint against the decision of the Cantonal Court of Bern regarding procedural costs

Summary of Facts

The complainant requested before the Cantonal Court of Bern a complete or partial waiver of the procedural costs imposed on him amounting to CHF 13,066.95, alternatively a deferral with significantly reduced rates. The Cantonal Court granted him installment payments (24 installments of CHF 500 and a final installment of CHF 1,066.95), but rejected the request in other respects. The complainant then filed a complaint in criminal matters with the Federal Court.


5A_974/2025: Restoration of the appeal period in a civil matter

Summary of Facts

The complainants, A.________ and B.________, are co-owners of a condominium unit that is part of a multi-family house. They have been in legal disputes with the C.________ condominium owners' association for years. After a decision of the District Court of Brig, East Raron, and Goms dated June 27, 2025, the complainants wanted to appeal and simultaneously submitted a request for restoration of the appeal period. The Cantonal Court of the Canton of Valais dismissed this request, after which the complainants filed a civil complaint with the Federal Court.


2F_24/2025: Ruling regarding a revision request for an inadmissibility decision

Summary of Facts

A.________ submitted a revision request to reopen two Federal Court proceedings in which the Federal Court had not entered into the appeals due to inadmissibility and lack of sufficient justification. The request lacks sufficient justifications and a sufficient reference to a legal ground for revision according to Art. 121 ff. BGG. The Federal Court decided not to enter into the request due to the lack of corresponding requirements for revision.


9C_301/2025: Tax treatment of royalties in tax dispute

Summary of Facts

The ruling concerns the tax treatment of royalties between the Swiss company A.________ Genève and the Luxembourg company A.________ Luxembourg. The central question is whether the royalty payments made to A.________ Luxembourg are tax-justified or considered as hidden profit distribution. The tax administration of the Canton of Geneva conducted a recovery of tax amounts for the tax years 2004 to 2010 and argued that there was a close relationship between the companies, based on a group structure discovered in later audits.


9C_607/2025: Inadmissibility of the complaint due to lack of justification

Summary of Facts

A.A.________ and B.A.________ filed a complaint with the Tribunal cantonal of the Canton of Vaud, Cour de droit administratif et public, against a decision of the Administration cantonale des impôts of the Canton of Vaud dated July 17, 2025, regarding cantonal and municipal taxes as well as the direct federal tax for the tax period 2023. The cantonal court did not enter into the complaint by decision of October 2, 2025, as the required cost advance payment had not been made. The complainants appealed this decision to the Federal Court.


7B_379/2025: Ruling regarding the unsealing of seized items in criminal proceedings

Summary of Facts

The Public Prosecutor's Office of Basel-Landschaft is conducting a criminal investigation against C.________ for various offenses, including bodily harm, multiple forgery, and violations of the Therapeutic Products Act. During house searches, electronic devices and documents were seized and sealed from C.________, her husband B.________, and the A.________ GmbH. The A.________ GmbH and B.________ requested the annulment of the decision of the Basel-Landschaft coercive measures court regarding the unsealing of these items.


6B_982/2024: Ruling on kidnapping and expulsion

Summary of Facts

The Federal Court is dealing with a complaint regarding the conviction of the complainant for kidnapping (Art. 183 para. 1 lit. 2 StGB) and the order of an expulsion (Art. 66a para. 1 lit. g StGB). The complainant seeks the annulment of the conviction and the expulsion as well as free legal aid. The lower court partially discontinued the proceedings, acquitted the complainant of other offenses, but upheld the conviction for kidnapping and other crimes and ordered an outpatient measure and a seven-year expulsion.


2C_453/2024: Ruling on exceeding THC limits in CBD oils

Summary of Facts

The B.________ GmbH operated a drugstore offering CBD oils of various concentrations. During official controls by the Cantonal Laboratory Thurgau in 2021, it was found that these oils partially significantly exceeded the THC limits according to the Contaminants Ordinance. The laboratory ordered, among other things, a sales ban, a product recall, and removal of the products from the online offering. A.________, as the responsible person for the drugstore, contested the decisions through all instances.


5A_967/2025: Ruling on the mootness of a neighbor dispute

Summary of Facts

The complainant and the respondent are owners of adjacent parcels, with a private right of way in favor of the complainant at the expense of the respondent. After a building permit for a parking and turning area on the complainant's parcel was granted, the respondent filed private law objections. The complainant legally waived the original construction project, resulting in the mootness of the proceedings. The lower courts addressed the withdrawals as well as the jurisdiction for newly arising dispute matters.


5A_875/2025: Decision regarding legal stay and seizure

Summary of Facts

The complainant filed a complaint with the district court of Rheintal after a refusal to grant a legal stay and subsequent seizure. The district court did not enter into the matter due to non-compliance with formal requirements. Subsequently, the complainant filed a late complaint with the Cantonal Court of St. Gallen. The Cantonal Court refused to restore the appeal deadline and also did not enter into the matter. The subject of the dispute was ultimately brought before the Federal Court.


6B_351/2024: Ruling on sentencing, expulsion, and its listing in the SIS

Summary of Facts

A.________, a Nigerian citizen, was convicted of qualified violations of the Narcotics Act in terms of quantity and organized crime. Between 2018 and 2019, he committed cocaine transports to Switzerland, involving a total of 5.4 kilograms of cocaine mixture (3.78 kilograms of pure cocaine). After an initial conviction to 3 years and 10 months of imprisonment and a ten-year expulsion, the sentence was reduced in the appeal process to 3 years and 7 months of imprisonment and the expulsion to eight years.


2C_75/2025: Qualification of CBD oils as food or cosmetic products

Summary of Facts

The A.________ AG, a company based in U.________, sells CBD oils. The Cantonal Consumer Protection Office of Zug (AVS) classified these oils as non-marketable food and prohibited their sale. Despite the sales ban, the oils continued to be sold, prompting the AVS to order the confiscation and recall of the products. The A.________ AG challenged the respective decisions before the Administrative Court of the Canton of Zug and subsequently before the Federal Court. The point of contention was the qualification of the CBD oils as food or cosmetic products.


6B_932/2024: Ruling on sentencing, expulsion, and enforcement in case of attempted serious bodily injury

Summary of Facts

A.________ was accused of two offenses: attempted serious bodily injury according to Art. 122 in connection with Art. 22 para. 1 StGB and brawling according to Art. 133 para. 1 StGB. The criminal court of Zug sentenced him to 30 months of imprisonment and imposed a five-year expulsion. The Cantonal Court of Zug largely confirmed the first-instance ruling, but postponed the enforcement of 18 months of the prison sentence with a probation period of five years. The expulsion and the referral of the compensation claim to civil proceedings remained in effect.


6B_449/2025: Restoration of the appeal deadline

Summary of Facts

The Federal Court dealt with the complaint of a complainant whose request for restoration of the appeal deadline for a penalty order was rejected by the Office of the Attorney General of Thurgau and by the Cantonal Court of Thurgau. The complainant requested the annulment of the lower court's decision and raised various accusations against the lower courts. He also requested free legal aid.


5A_985/2025: Inadmissibility of the complaint in bankruptcy proceedings

Summary of Facts

The complainant was subject to two enforcements by the Enforcement Office of Oberland, and bankruptcy warnings were issued on August 26, 2025, which were delivered on October 14, 2025. The subsequently filed complaint with the Cantonal Court of Bern was declared inadmissible due to late submission. The Cantonal Court additionally made an alternative consideration, stating that the complaint would be dismissed on the merits. The complainant filed a complaint with the Federal Court without substantively addressing the grounds for the decision.


4A_332/2025: Ruling on an extraordinary termination of lease due to payment arrears

Summary of Facts

There was a lease agreement between A.________ AG (landlord) and B.________ GmbH (tenant) for a retail premises. The tenant repeatedly fell into payment arrears by only paying reduced amounts each time. Consequently, the landlord extraordinarily terminated the lease as of August 31, 2023. The landlord subsequently requested a declaration of the effectiveness of the termination and further claims, which were dismissed by both the Winterthur Rent Court and the Cantonal Court of Zurich. The Federal Court was to decide on the effectiveness of the termination.


6B_111/2025: Accusation of operating a vehicle in a qualified drunken state

Summary of Facts

The complainant A.________ was convicted by the Cantonal Court of Aargau for operating a motor vehicle in a qualified drunken state. It imposed a fine of 50 daily rates of CHF 120 each with a probation period of three years and a fine of CHF 1,500, or a substitute imprisonment of 13 days. There was a breath alcohol level of 0.71 mg/l. A.________ denies having driven the vehicle himself and criticizes the lower court's evaluation of evidence as arbitrary.


2C_152/2025: Revocation of residence permits in connection with the Switzerland-EU free movement agreement

Summary of Facts

A.________, a Slovenian citizen, and B.________, a Kosovar citizen, applied for a residence permit EU/EFTA after entering Switzerland in 2022, which was initially granted to them until 2029. Following an anonymous report regarding suspected sham employment, the Office for Population and Migration conducted an investigation. This resulted in the revocation of the permits and their expulsion from Switzerland. The Cantonal Court of Fribourg dismissed a complaint filed against this decision. The complainants then appealed to the Federal Court.


5A_973/2025: Decision on the restoration of the appeal deadline

Summary of Facts

The complainants, A.________ and B.________, owners of a condominium unit, requested the restoration of the appeal deadline as they believed the deadline was not respected despite timely submission and were simultaneously affected by personal burdens. The Cantonal Court of Valais dismissed the request. The Federal Court assesses the complaint of the complainants against this decision.


5A_936/2025: Non-entry into an appeal regarding a change of guardianship

Summary of Facts

In the dispute over the change of guardianship for a child whose parents had been deprived of the right to determine residence, the complainant requested the annulment of various decisions of the Child and Adult Protection Authority (KESB) and the creation of a return plan. The cantonal authorities did not enter into the submissions either for lack of jurisdiction or for lack of sufficient justification. The appellate court dismissed the complaint to the extent it entered into it and denied free legal aid due to hopelessness. The complainant subsequently filed a complaint with the Federal Court.


6F_27/2025: Non-entry into a revision request due to missing cost advance

Summary of Facts

The applicant A.________ filed a revision request against the Federal Court ruling of March 27, 2025 (Procedure 6B_14/2025). He refused to pay the cost advance of CHF 2,000, contesting its amount again and proposing alternative payment amounts. After two deadlines set by the Federal Court, the full payment was not made. A request for free legal aid was submitted late.


6B_637/2025: Ruling on sentencing and proportionality of the execution of the prison sentence

Summary of Facts

The complainant A.________ was convicted by the District Court of Kulm (first instance) of simple bodily harm, threats, coercion, and other offenses and sentenced to an 18-month conditional prison sentence and a fine. She was also ordered to pay damages and compensation. Upon appeal by the public prosecutor, the Cantonal Court of Aargau (second instance) imposed an unconditional prison sentence of 2 ½ years and confirmed further sanctions. The complainant filed a complaint with the Federal Court and challenged the sentencing as well as the lack of opportunity to comment on the unconditional nature of the sentence.


6B_899/2024: Ruling on expulsion and its entry in the Schengen Information System

Summary of Facts

A.A.________ was convicted by the president of the district court Bucheggberg-Wasseramt for multiple frauds to a conditional prison sentence of eleven months and was subjected to a seven-year expulsion. The entry of this measure in the SIS also occurred. The Cantonal Court of Solothurn reduced the duration of the expulsion to five years on appeal and confirmed its entry in the SIS. With a criminal complaint, the complainant requested the annulment of these measures, while the public prosecutor's office of the Canton of Solothurn requested the dismissal of the complaint.


9C_546/2024: Decision on the recovery of disability insurance benefits

Summary of Facts

A.________, born in 2007, received a compensation for minors as well as an intensive care allowance due to severe helplessness. Following a review of the settlements, the cantonal office for disability insurance found that benefits were billed for days when the child was internally placed at the school C.________. Recovery claims were asserted.


6B_963/2024: Ruling on criminal liability regarding Covid-19 loans

Summary of Facts

The complainant A.________ applied for a Covid-19 loan in the amount of CHF 190,000 in 2020. In doing so, he deliberately made false statements about his company's sales data, resulting in a loan being granted in an amount exceeding the permissible loan amount. In the first instance, he was convicted of fraud and forgery. The appellate court confirmed the conviction but reduced the fine and partially referred the compensation claim to civil proceedings. The complainant filed a complaint seeking full acquittal from the criminal charges.


6B_469/2025: Ruling on violation of the Gambling Act

Summary of Facts

The complainant was accused of having set up, operated, and maintained a slot machine with various games in a restaurant without the required licenses or permits. The Federal Gaming Commission (ESBK) had already qualified the relevant games as gambling in earlier qualification orders. It sentenced A.________ to a conditional fine. Following objections, the penalty was confirmed by the District Court of Kulm and in appeal by the Cantonal Court of Aargau, and was finally adjusted. The complainant filed a complaint with the Federal Court, seeking acquittal or referral for new evaluation.


2F_25/2025: Inadmissibility of the revision request

Summary of Facts

The applicant (A.________) requests the reopening of the proceedings 2C_566/2025 on the grounds of submitting new medical and financial evidence. In addition to the revision, he demands the appointment of a free legal representative.