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 including 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 portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
8C_286/2025: Judgment on Disability Insurance
Summary of the Facts
The appellant A.________, a former caseworker, registered with disability insurance in 2019, among other reasons due to spinal and shoulder complaints. After medical and professional assessments, including a psychiatric-orthopedic report, the IV office of Basel-Stadt denied a pension claim in 2023, as there was no permanent limitation of working ability. The social security court of the canton of Basel-Stadt confirmed this assessment after obtaining a supplementary statement from an expert. The appellant appealed to the Federal Court, requesting the granting of a quarter pension from February 2020 and a three-quarters pension from August 2022.
Summary of the Considerations
- **E.1:** Principles of review in the procedure of appeals in public law matters. The Federal Court examines the legal defects presented and only intervenes in the factual findings of the lower court in cases of obvious incorrectness. - **E.2:** The issue is whether the cantonal court rightly denied a pension claim from February 2020, based on Art. 28 IVG. - **E.3:** The lower court relied on a comprehensive report that affirmed the appellant's working ability in the previous occupation. The Federal Court sees no arbitrariness in the evaluation of the medical records by the cantonal court. - **E.3.2:** The choice of examination methods by experts is at their discretion; the lower court correctly accepted this approach. - **E.3.3:** The experts addressed differing medical assessments and justified their findings in a comprehensible manner. - **E.3.4:** No violation of federal law by the lower court in denying a pension claim.
Summary of the Dispositive
The appeal was dismissed and the court costs were imposed on the appellant. The judgment was communicated to the relevant parties.
7B_799/2025: Change of Official Defender
Summary of the Facts
A. The appellant was sentenced to four years of imprisonment by the criminal court of the canton of Geneva. After his conviction, at the request of the appellant, his official defender was changed. The new appointment took place on June 4, 2025. After the submission of a personal appeal by the appellant and a further inadequate appeal statement by the new defender, the president of the appeal chamber of the Geneva court decided to replace the defender due to lack of diligence. The appellant challenged this decision before the Federal Court and requested to retain his defender.
Summary of the Considerations
1. **(E.1)**: The appeal is admissible as it was filed in a timely manner and concerns a cantonal final decision. The contested decision could cause an irreparable disadvantage.
2. **(E.2.1)**: The appellant criticizes the assessment of the lower court, which found that the official defender had violated his due diligence obligations.
2. **(E.2.2)**: The Federal Court emphasizes that the right to effective defense must be guaranteed. A change of official defender is only justified if effective defense can no longer be ensured.
2. **(E.2.3)**: The defender's behavior of obtaining court documents only on the last day of the collection period does not justify removal from office, as it was neither systematic nor demonstrably detrimental to the defense. The submission of an inadequate appeal statement also did not lead to a loss of proceedings, as the appellant had previously submitted a valid appeal.
3. **(E.2.4)**: The Federal Court finds that the allegations raised are insufficient to justify the removal of the defender. Future violations may, however, be assessed differently.
Summary of the Dispositive
The appeal is upheld, the decision of the lower court is annulled, and the defender is awarded compensation. No court costs were imposed.
1C_679/2024: Access to Official Records of the Child and Adult Protection Authority Schaffhausen; Principle of Publicity
Summary of the Facts
A lawyer (appellant) requests access to records of the Child and Adult Protection Authority of the canton of Schaffhausen (KESB) from 2022, concerning substitute measures and state liability proceedings. The KESB denied access and requested fees for it. The High Court of the canton of Schaffhausen confirmed the denial of access, but reduced the fees. The appellant filed an appeal with the Federal Court.
Summary of the Considerations
- **E. 1:** The formal requirements for the admissibility of the appeal are fulfilled. - **E. 2:** The appeal can raise violations of federal and cantonal constitutional law. For violations of fundamental rights, qualified justification requirements apply. - **E. 3:** The appellant refers to the principle of publicity and the right to access documents according to Art. 47 para. 3 of the Schaffhausen cantonal constitution, which includes a presumption of free access to official documents. Secrecy is only permissible if overriding public or private interests exist. - **E. 4:** The lower court erroneously equated ongoing proceedings with proceedings in which only decided measures are not yet concluded. This contradicts the principle that proceedings end with a legally binding decision. The lower court mistakenly assumed that a special interest in access is required. The appellant only requests anonymized records, which is why personal confidentiality interests are not affected. The lower court did not examine specific confidentiality interests and did not establish that anonymization was impossible. - **E. 5:** The KESB must inform the appellant in advance if significant fees for anonymization are incurred. - **E. 6:** The appellant's request to waive the anonymization of his name is denied, as publication must be anonymized according to the judgment.
Summary of the Dispositive
The appeal is upheld, and the lower court decisions are annulled. The KESB is requested to reassess, and no court costs are incurred.
7B_956/2025: No action on an appeal against a non-admissibility order and considerations on appeal legitimacy
Summary of the Facts
The appellant filed an appeal against a non-admissibility order of the Geneva public prosecutor (from May 19, 2025) with the Chambre pénale de recours of the Court of Justice of the Republic and Canton of Geneva, which dismissed it with a decision on August 14, 2025. The appellant filed an appeal in criminal matters with the Federal Court against this decision on September 15, 2025.
Full summary of the judgment can be found in the Portal.
1C_664/2025: Judgment regarding Extradition to Greece and Legal Proceedings
Summary of the Facts
A.________ was arrested by Switzerland based on an arrest warrant from Greece. Greece requests extradition for the enforcement of two prison sentences and for the conduct of a criminal proceeding. The Federal Office of Justice (BJ) approved the extradition. The appellant filed an appeal, which was dismissed by the Federal Criminal Court. The appeal to the Federal Court concerns violations of defense rights as well as questions of limitation and personal presence in the proceedings.
Full summary of the judgment can be found in the Portal.
6B_431/2024: Judgment regarding qualified disloyal management and damage claim
Summary of the Facts
The appellant is accused of multiple qualified disloyal management. As an asset manager of B.________ GmbH, he is alleged to have withheld retrocessions from May 2006 to December 2016 without adequately informing customers about their nature, scope, and entitlement. This resulted in a financial loss of CHF 2,141,259.05 for 54 affected customers. The appellant intended to unlawfully benefit B.________ GmbH.
Full summary of the judgment can be found in the Portal.
5A_949/2025: Inadmissibility of the appeal for the revision of a judgment regarding debtor notice
Summary of the Facts
A.A.________ requested the revision of a decision of the District Court of Martigny and St-Maurice, which ordered a debtor notice and the securing of maintenance payments for B.A.________. The lower court, the Civil Chamber of the Cantonal Court of Valais, dismissed the request for revision as well as the appeal against the decision of the District Court. A.A.________ then filed an appeal with the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_79/2025: Judgment of the Federal Court on the subject of pornography and rule of law principles
Summary of the Facts
The accused A.________ was acquitted of serious pornographic offenses by the Geneva Criminal Court on February 19, 2024. He received compensation and had to bear the procedural costs himself. On November 27, 2024, the Court of Appeals decided that an appeal by the public prosecutor would be granted and sentenced A.________ to a fine of 144 daily rates for pornography. In addition, he was imposed a fine of CHF 2,880, and the possibility of appeal was denied. A.________ was also permanently excluded from activities requiring regular contact with minors. Numerous pornographic files were found on his computer during a house search.
Full summary of the judgment can be found in the Portal.
5D_54/2025: Decision on the refusal of free legal aid in a distribution procedure
Summary of the Facts
The appellant A.________, who filed a claim of CHF 20,751.65 in a distribution procedure against the bankrupt bank B.________ SA, requested free legal aid. The vice-president of the Civil Court of the canton of Geneva rejected her request on June 23, 2025. The appeal filed against this decision with the vice-president of the Geneva judiciary was also dismissed on September 29, 2025. With an appeal on November 12, 2025, the appellant approached the Federal Court.
Full summary of the judgment can be found in the Portal.
7B_598/2025: Judgment regarding the unsealing of IT data carriers in a criminal proceeding
Summary of the Facts
The Public Prosecutor's Office II of the canton of Zurich is conducting a criminal proceeding against B.________ for various offenses, including false accusation. In connection with a house search at A.________ in Germany, IT data carriers were secured and transmitted to the Swiss authorities. A.________ requested their sealing, after which the Public Prosecutor's Office applied for their unsealing. The coercive measures court discontinued the unsealing procedure because A.________ did not respond within the deadline. A.________ filed an appeal against this decision with the Federal Court and asserted, among other things, a violation of the right to be heard.
Full summary of the judgment can be found in the Portal.
5A_1053/2025: Decision regarding an appeal against a garnishment announcement
Summary of the Facts
The appellant filed an appeal on September 2, 2025, against a garnishment announcement from the Appenzell Mittelland debt collection office dated August 22, 2025, in the context of a debt collection. The Appenzell Outer Rhodes High Court, as the lower court, did not admit the appeal by order dated November 11, 2025. Against this order, the appellant filed an appeal with the Federal Court on December 4, 2025.
Full summary of the judgment can be found in the Portal.
7B_1273/2025: Inadmissibility of the appeal in a criminal matter
Summary of the Facts
The Federal Court dealt with the appeal of A.________ against a decision of the single judge of the Criminal Chamber of the Cantonal Court of Valais, which declared the cantonal appeal inadmissible. The appeal concerned a decision of the Regional Office for the Bas-Valais, which had ordered a non-admissibility.
Full summary of the judgment can be found in the Portal.
6B_625/2025: Decision regarding the restoration of a deadline
Summary of the Facts
The appellant, A.A., filed an objection against a penalty order dated April 2, 2024, in which he was convicted of forgery and unlawfully obtaining a false determination. After withdrawing the objection, the Regional Court of Jura bernois-Seeland declared the penalty order valid on November 25, 2024. Later, A.A. requested the restoration of the deadline for the objection, which was denied by both the Regional Court on February 17, 2025, and by the cantonal appeals chamber on June 3, 2025. A.A. appealed this last decision to the Federal Court.
Full summary of the judgment can be found in the Portal.
7B_616/2025: Decision regarding the appeal against the denial of conditional release from a measure
Summary of the Facts
A.________ was sentenced to three years and six months of imprisonment for several offenses, along with a measure according to Art. 64 of the Penal Code. Several requests for conditional release were denied in the past. In the appeal before the Federal Court, A.________ sought to achieve conditional release or, alternatively, the conversion of the measure.
Full summary of the judgment can be found in the Portal.
6B_562/2025: Inadmissibility of acquittal and confirmation of conviction
Summary of the Facts
The appellant A.A.________ and C.A.________ were convicted of qualified simple bodily harm and qualified assaults against minors to conditional imprisonment and fines. The lower court confirmed the conviction. A.A.________ filed an appeal and requested his acquittal.
Full summary of the judgment can be found in the Portal.
5A_1066/2025: Inadmissibility of the appeal in family law matters
Summary of the Facts
The appellant, mother of the child C.________, requests in her appeal before the Federal Court, among other things, the immediate allocation of sole custody, the withdrawal of the father's visitation rights, the termination of guardianship, and the granting of suspensive effect. The High Court of the canton of Aargau had dismissed a corresponding appeal and pointed out the immediate enforceability of the orders of the family court, as they served the best interests of the child. The Federal Court decides that the appeal cannot be admitted, as the requirements according to Art. 93 para. 1 BGG and Art. 98 BGG are not met and no sufficient constitutional grievances were raised.
Full summary of the judgment can be found in the Portal.
5A_921/2025: Decision regarding maintenance contributions for children from a non-marital relationship
Summary of the Facts
The father A.A.________ was ordered by the first-instance court of the canton of Geneva to pay monthly maintenance contributions for his two children B.A.________ and C.A.________. On appeal, the Chambre civile of the Court of Justice adjusted the father's visitation rights and re-established the maintenance contributions based on a hypothetical income. The father filed an appeal with the Federal Court, challenging the determination of the hypothetical income and the amount of the maintenance contributions, as he considers his actual income to be lower.
Full summary of the judgment can be found in the Portal.
5A_1099/2025: No action on an appeal against an interim decision and an order regarding wage garnishment
Summary of the Facts
In the context of a wage garnishment, the appellant filed an appeal with the High Court of the canton of Bern and requested, among other things, suspensive effect. By order dated December 9, 2025, the distribution of garnishment proceeds was stopped, but the request for complete suspension was denied. A subsequent rejection request against a judge as well as another request for suspensive effect were dismissed by decision on December 17, 2025. The appellant then filed an appeal in civil matters with the Federal Court on December 19, 2025.
Full summary of the judgment can be found in the Portal.
6B_388/2025: Judgment of the Federal Court regarding the appeal for bodily harm and sexual violence
Summary of the Facts
A.A.________ was convicted in the first instance on June 27, 2024, by the District Court of Vaud for qualified bodily harm, defamation, insult, qualified threats, coercion, and rape. He received a total sentence of 30 months in prison, with 109 days of pre-trial detention counted. In addition, a fine of 60 days at CHF 30 per day and a fine of CHF 1,000 were imposed. Furthermore, his conditional sentence suspension from April 28, 2021, was revoked, a payment of CHF 6,000 in damages for non-material damages to the victim was ordered, and his expulsion from Switzerland for five years was decided. A.A.________ appealed this judgment, which was dismissed by the Criminal Court of the canton of Vaud on January 22, 2025. The appellant, a French citizen living in Switzerland, claims the right to visit his children and has a problematic history with several criminal convictions, including violence against his former partner. On April 5, 2023, a situation occurred in which he violently prevented his new partner from leaving the apartment.
Full summary of the judgment can be found in the Portal.
7B_1268/2025: Examination of the legality of the extension of pre-trial detention
Summary of the Facts
A.________ is being prosecuted in the canton of Ticino for multiple offenses, including fraud, embezzlement, and money laundering. He has been in pre-trial detention since his hearing on August 23, 2024, which has been extended several times. With the contested cantonal decision, the detention was extended until November 22, 2025, which the appellant contests before the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_927/2024: Judgment regarding the criminal liability of insider information according to Art. 154 FinfraG
Summary of the Facts
A.A.________, former Chief Operating Officer Europe of C.________ AG, was accused of selling shares of C.________ AG on May 15, 2018, using insider information to avoid a loss of CHF 247,933.56. The lower courts acquitted him of the charge of exploiting insider information according to Art. 154 para. 1 lit. a FinfraG. The Federal Prosecutor's Office filed an appeal in criminal matters and requested that the respondent be found guilty and punished.
Full summary of the judgment can be found in the Portal.
9C_521/2025: Judgment regarding tax disputes between a company and the tax administration of the canton of Geneva
Summary of the Facts
A company that acted as a consultant for a foreign investment fund was reassessed by the tax administration of the canton of Geneva for the tax periods 2010 to 2013 and was subjected to tax claims and fines. The administration found that fees for fund management and service fees were not correctly declared and that a legal structure was created to enable significant tax evasion. The company disputed these findings and presented various evidence that it believed would refute the allegations.
Full summary of the judgment can be found in the Portal.
5A_999/2025: Withdrawal of the appeal in a divorce matter
Summary of the Facts
The appellant A.A.________ filed an appeal on November 11, 2025, against a judgment of the Civil Appeal Court of the Cantonal Tribunal of Vaud dated October 9, 2025, concerning the liquidation of the marital property. After submitting a supplementary statement on November 13, 2025, she withdrew her appeal with a letter dated November 10, 2025, received by the Federal Court on December 19, 2025.
Full summary of the judgment can be found in the Portal.
7B_1124/2025: Inadmissibility of the appeal due to late submission
Summary of the Facts
A.________ filed an appeal with the Federal Court against a decision of the Criminal Appeal Chamber of the Cantonal Court of Vaud, which had declared two appeals against non-admissibility and non-initiation orders of the public prosecutor's office as inadmissible. The appellant also requested free legal aid and a restoration of the deadline.
Full summary of the judgment can be found in the Portal.
7B_988/2025: Dismissal of the appeal regarding a non-admissibility order
Summary of the Facts
The company B.________ SA and A.________ filed a criminal complaint in 2015 for alleged breach of trust, fraud, and disloyal management. They requested between 2017 and 2021 an extension of the investigation against the suspects C.________ and D.________, which they considered necessary. After several proceedings, the Cantonal Court ordered the extension of the investigation in 2022. Nevertheless, the public prosecutor's office decided with a non-admissibility order in 2025 not to file charges against C.________ and D.________. The single judge of the Criminal Chamber of the Cantonal Court confirmed this non-admissibility order, against which an appeal was filed with the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_918/2025: Dismissal of the appeal due to withdrawal
Summary of the Facts
The appellant A.________ had filed an appeal against an order of the Cantonal Court of Lucerne dated November 10, 2025. With an undated submission received by the Federal Court on December 23, 2025, he withdrew the appeal.
Full summary of the judgment can be found in the Portal.
9C_467/2025: Inadmissibility of the appeal
Summary of the Facts
A.________ filed an appeal against the judgment of the Cantonal Court of Lucerne (5V 24 123) dated July 14, 2025. The subject of the proceedings was disability insurance. In a letter dated November 28, 2025, the appellant withdrew the appeal filed on September 1, 2025.
Full summary of the judgment can be found in the Portal.
5A_406/2025: Delivery of a payment order and timely raising of the legal objection
Summary of the Facts
A.________ initiated debt collection against B.________ for a claim of CHF 162,000. The debt collection office transmitted the payment order to B.________, who timely raised a legal objection, which, however, was not noted on the payment order. This led to the issuance of a bankruptcy warning and later to the lifting of these measures by the debt collection office. The St. Gallen District Court annulled this order of the debt collection office; however, the Cantonal Court confirmed the invalidity of the enforcement measures.
Full summary of the judgment can be found in the Portal.
7B_1097/2025: Decision on the inadmissibility of an appeal in proceedings according to Art. 108 BGG
Summary of the Facts
The appellant is appealing a decision of the High Court of the canton of Bern, which rejected the opening of an appeal procedure. The Federal Court examines whether the appeal meets the legal justification requirements according to Art. 42 BGG and decides on the inadmissibility of the appeal as well as the allocation of costs.
Full summary of the judgment can be found in the Portal.
5A_792/2025: Withdrawal of the appeal in divorce proceedings (liquidation of the marital property)
Summary of the Facts
A.________ filed an appeal on September 15, 2025, against a decision of the Civil Appeal Court of the Cantonal Court of Vaud dated July 21, 2025, concerning the liquidation of the marital property in connection with divorce proceedings between him and B.________. During the proceedings, the parties agreed to a settlement procedure. Following the withdrawal of the appeal on December 18, 2025, the president of the II. civil law department of the Federal Court ordered the case to be struck from the register.
Full summary of the judgment can be found in the Portal.
5A_1069/2025: Judgment regarding the allocation of costs in connection with a bankruptcy warning
Summary of the Facts
The A.________ GmbH was pursued for a claim of CHF 492.50 by the tax administration of the canton of Appenzell. After relocating to the canton of Zug, the debt collection office in Cham issued a bankruptcy warning. The appeal against this was dismissed by the High Court of the canton of Zug, II. Appeals Chamber, as the supervisory authority over debt collection and bankruptcy. Due to malicious false claims, the lower court imposed a decision fee of CHF 500 based on Art. 20a para. 2 no. 5 SchKG. The A.________ GmbH challenged the allocation of costs before the Federal Court.
Full summary of the judgment can be found in the Portal.
9C_398/2025: Inadmissibility of challenging the cantonal directive regarding property tax values and imputed rental values
Summary of the Facts
The government of the canton of Zurich issued a detailed directive on the assessment of properties and the determination of imputed rental values on August 28, 2024, which is to come into effect in 2026. Three appellants, including the homeowners' association of the canton of Zurich, contested the directive as unlawful and approached the Federal Court after a decision of the Administrative Court of the canton of Zurich declaring non-admissibility, to have the directive checked on the main issue.
Full summary of the judgment can be found in the Portal.
5A_508/2025: Distribution of the proceeds from an assignment lawsuit according to Art. 260 SchKG
Summary of the Facts
A creditor (A.________) had outstanding claims of CHF 2,693,931.68 in the bankruptcy of B.________ SA. The bankruptcy estate assigned claims against the company's organs according to Art. 260 SchKG to various creditors, including A.________. In a subsequent legal dispute, the creditor was awarded claims plus interest, which, however, exceeded the original claim and created a surplus. The bankruptcy administration demanded A.________ return this surplus to the estate.
Full summary of the judgment can be found in the Portal.