Latest Rulings of the Federal Court
Here you will find the latest rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we provide 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 portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.
8C_286/2025: Ruling on Disability Insurance
Summary of the Facts
The appellant A.________, a former caseworker, applied for disability insurance in 2019, among other reasons, due to spinal and shoulder complaints. After medical and professional assessments, including a psychiatric-orthopedic expert opinion, the IV office of Basel-Stadt rejected a pension claim in 2023, as there was no permanent impairment of work ability. The Social Security Court of the Canton of Basel-Stadt confirmed this assessment after obtaining an additional expert opinion. The appellant filed a complaint with the Federal Court, requesting a quarter pension from February 2020 and a three-quarter pension from August 2022.
Summary of the Considerations
- **E.1:** Principles of review in proceedings for complaints in public law matters. The Federal Court reviews the alleged legal deficiencies and intervenes only in cases of obvious errors in the factual findings of the lower court. - **E.2:** The point of contention 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 expert opinion that affirmed the appellant's work ability in his previous occupation. The Federal Court finds no arbitrariness in the evaluation of the medical files 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 Disposition
The complaint was dismissed, and the court costs were imposed on the appellant. The ruling was served 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 occurred on June 4, 2025. After the submission of a personal appeal by the appellant and a subsequent 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 the retention of his defender.
Summary of the Considerations
1. **(E.1)**: The complaint is admissible, as it was submitted in a timely manner and concerns a cantonal final decision. The contested decision could cause irreparable harm.
2. **(E.2.1)**: The appellant criticizes the lower court's assessment that the official defender 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 conduct of obtaining court documents only on the last day of the collection deadline does not justify dismissal, as it was neither systematic nor demonstrably detrimental to the defense. The submission of an inadequate appeal statement did not result in a loss of procedure, as the appellant had previously submitted a valid appeal.
3. **(E.2.4)**: The Federal Court finds that the allegations made are insufficient to justify the dismissal of the defender. Future violations may, however, be assessed differently.
Summary of the Disposition
The complaint is upheld, the decision of the lower court is overturned, and the defender receives compensation. No court costs were imposed.
1C_679/2024: Access to Official Records of the Child and Adult Protection Authority of Schaffhausen; Principle of Public Access
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 refused access and demanded fees for it. The Higher Court of the Canton of Schaffhausen confirmed the refusal of access but lowered the fees. The appellant filed a complaint with the Federal Court.
Summary of the Considerations
- **E. 1:** The formal requirements for the admissibility of the complaint are met. - **E. 2:** The complaint can address violations of federal and cantonal constitutional law. Qualified justification requirements apply for violations of fundamental rights. - **E. 3:** The appellant invokes the principle of public access to records according to Art. 47 para. 3 of the Schaffhausen Cantonal Constitution, which includes a presumption of free access to official records. Confidentiality is only permissible if there are overriding public or private interests. - **E. 4:** The lower court incorrectly equated ongoing proceedings with those where measures that have only been decided are not yet completed. This contradicts the principle that proceedings end with a final decision. The lower court erroneously assumed that a special interest in access is required. The appellant only requests anonymized records, which means that personal confidentiality interests are not affected. The lower court did not examine specific confidentiality interests and did not establish that anonymization was not possible. - **E. 5:** The KESB must inform the appellant beforehand if significant fees are incurred for anonymization. - **E. 6:** The appellant's request to waive the anonymization of his name is denied, as the publication must be anonymized according to the ruling.
Summary of the Disposition
The complaint is upheld, and the decisions of the lower court are overturned. The KESB is requested to reassess, and no court costs are incurred.
7B_956/2025: Non-Admission of a Complaint Against a Decision Not to Proceed and Considerations on the Legitimacy of the Complaint
Summary of the Facts
The appellant filed a complaint against a decision not to proceed by the Geneva public prosecutor (dated May 19, 2025) with the Chambre pénale de recours of the Court of Justice of the Republic and Canton of Geneva, which dismissed it by decision of August 14, 2025. Against this decision, the appellant filed a criminal complaint with the Federal Court on September 15, 2025.
Complete summary of the ruling can be found in the Portal.
1C_664/2025: Ruling Regarding Extradition to Greece and Administration of Justice
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 a complaint, which was dismissed by the Federal Criminal Court. The complaint to the Federal Court concerns the violation of defense rights and issues related to limitation and personal presence in the proceedings.
Complete summary of the ruling can be found in the Portal.
6B_431/2024: Ruling Regarding Qualified Disloyal Business Administration and Compensation Claim
Summary of the Facts
The appellant is accused of multiple counts of qualified disloyal business administration. As an asset manager of B.________ GmbH, he is alleged to have retained rebates ("retrocessions") from May 2006 to December 2016 without adequately informing clients about their nature, scope, and entitlement. This led to a financial loss of CHF 2,141,259.05 for 54 affected clients. The appellant had the intention to confer unlawful financial advantages to B.________ GmbH.
Complete summary of the ruling can be found in the Portal.
5A_949/2025: Inadmissibility of the Complaint for the Revision of a Ruling Regarding Debtor Notification
Summary of the Facts
A.A.________ requested the revision of a decision by the District Court of Martigny and St-Maurice which ordered a debtor notification and the securing of maintenance payments for B.A.________. The lower court, the civil chamber of the Cantonal Court of Valais, dismissed the application for revision as well as the complaint against the District Court's decision. A.A.________ then filed a complaint with the Federal Court.
Complete summary of the ruling can be found in the Portal.
6B_79/2025: Ruling 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 Criminal Court of Geneva 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.________ for pornography to a fine of 144 daily rates. Additionally, a fine of CHF 2,880 was imposed on him, 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.
Complete summary of the ruling can be found in the Portal.
5D_54/2025: Decision on the Denial of Free Legal Aid in a Collocation Procedure
Summary of the Facts
The appellant A.________, who claimed a debt of CHF 20,751.65 in a collocation procedure against the bankrupt bank B.________ SA, requested free legal aid. The vice president of the civil court of the Canton of Geneva dismissed her application 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 a complaint dated November 12, 2025, the appellant turned to the Federal Court.
Complete summary of the ruling can be found in the Portal.
7B_598/2025: Ruling 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 seized and transmitted to the Swiss authorities. A.________ requested their sealing, whereupon the Public Prosecutor's Office applied for their unsealing. The coercive measures court dismissed the unsealing procedure because A.________ did not appear within the deadline. A.________ filed a complaint against this decision with the Federal Court, arguing a violation of legal hearing rights.
Complete summary of the ruling can be found in the Portal.
5A_1053/2025: Decision Regarding a Complaint Against a Seizure Notification
Summary of the Facts
The appellant filed a complaint on September 2, 2025, against a seizure notification from the Appenzell Mittelland Debt Enforcement Office dated August 22, 2025, in the context of an enforcement action. The Higher Court of Appenzell Ausserrhoden, as the lower court, did not admit the complaint with a decision dated November 11, 2025. Against this decision, the appellant filed a complaint with the Federal Court on December 4, 2025.
Complete summary of the ruling can be found in the Portal.
7B_1273/2025: Inadmissibility of the Complaint in a Criminal Matter
Summary of the Facts
The Federal Court had to deal with the complaint 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-proceeding.
Complete summary of the ruling can be found in the Portal.
6B_625/2025: Decision on the Restoration of a Deadline
Summary of the Facts
The appellant, A.A., filed an objection against a penal order from April 2, 2024, in which he was convicted of forgery and unlawfully obtaining a false determination. After withdrawing the objection, the Regional Court Jura bernois-Seeland declared the penal order final on November 25, 2024. Later, A.A. requested the restoration of the deadline for the objection, which was rejected by both the Regional Court on February 17, 2025, and the cantonal complaint chamber on June 3, 2025. Against this last decision, A.A. turned to the Federal Court.
Complete summary of the ruling can be found in the Portal.
7B_616/2025: Decision Regarding the Complaint 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, as well as to a measure according to Art. 64 StGB. Several requests for conditional release had been denied in the past. In the complaint before the Federal Court, A.________ sought conditional release or alternatively the conversion of the measure.
Complete summary of the ruling can be found in the Portal.
6B_562/2025: Inadmissibility of the Acquittal and Confirmation of the Conviction
Summary of the Facts
The appellant A.A.________ and C.A.________ were convicted of qualified simple bodily injury and qualified offenses against minors with conditional prison sentences and fines. The lower court confirmed the conviction. A.A.________ filed a complaint and requested his acquittal.
Complete summary of the ruling can be found in the Portal.
5A_1066/2025: Inadmissibility of the Complaint in a Family Law Matter
Summary of the Facts
The appellant, mother of the child C.________, requests in her complaint before the Federal Court, among other things, the immediate allocation of sole custody, the revocation of the father's visitation rights, the cancellation of guardianship, and the granting of suspensive effect. The Higher Court of the Canton of Aargau dismissed a corresponding complaint and pointed out the immediate enforceability of the family court's orders, as they served the best interests of the child. The Federal Court decides that the complaint 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 have been raised.
Complete summary of the ruling 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.________. Upon appeal, the Chambre civile of the Court of Justice adjusted the father's visitation rights and recalculated the maintenance contributions based on a hypothetical income. The father has filed a complaint with the Federal Court, challenging the determination of the hypothetical income and the amount of maintenance contributions, as he considers his actual income to be lower.
Complete summary of the ruling can be found in the Portal.
5A_1099/2025: Non-Admission of a Complaint Against an Interim Decision and an Order Regarding Wage Garnishment
Summary of the Facts
In the context of a wage garnishment, the appellant filed a complaint with the Higher Court of the Canton of Bern and requested, among other things, suspensive effect. With a decision dated December 9, 2025, the distribution of the garnishment proceeds was stopped, but the request for full suspension was denied. A subsequent request for rejection against a judge and a new request for suspensive effect were denied by decision dated December 17, 2025. The appellant filed a civil complaint with the Federal Court on December 19, 2025.
Complete summary of the ruling can be found in the Portal.
6B_388/2025: Ruling of the Federal Court on the Appeal Regarding Bodily Injury 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 injury, defamation, insult, qualified threat, coercion, and rape. He received a total sentence of 30 months in prison, with 109 days of pre-trial detention counted. In addition, he was imposed a fine of 60 days at 30 CHF and a penalty of 1,000 CHF. Furthermore, his conditional suspension of punishment from April 28, 2021, was revoked, the payment of CHF 6,000 in damages for immaterial damages to the victim was ordered, and his expulsion from Switzerland for five years was decided. A.A.________ appealed against this ruling, 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 previous partner. On April 5, 2023, there was a situation in which he violently prevented his new partner from leaving the apartment.
Complete summary of the ruling 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 interrogation on August 23, 2024, which has been extended multiple times. With the contested cantonal decision, his detention was extended until November 22, 2025, which the appellant contests before the Federal Court.
Complete summary of the ruling can be found in the Portal.
6B_927/2024: Ruling on the Criminality 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 a criminal complaint and requested that the respondent be found guilty and punished.
Complete summary of the ruling can be found in the Portal.
9C_521/2025: Ruling Regarding Tax Disputes Between a Company and the Tax Administration of the Canton of Geneva
Summary of the Facts
A company that operated 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 imposed with tax arrears and fines. The administration found that fees for fund management and service fees were not declared correctly and that a legal structure was created to enable significant tax evasion. The company disputed these findings and presented various evidence that it believed should refute the allegations.
Complete summary of the ruling can be found in the Portal.
5A_999/2025: Withdrawal of the Complaint in a Divorce Matter
Summary of the Facts
The appellant A.A.________ filed a complaint on November 11, 2025, against a ruling of the Cour d'appel civile of the Cantonal Tribunal of Vaud from October 9, 2025, regarding the liquidation of the marital property regime. After submitting an additional statement on November 13, 2025, she withdrew her complaint with a letter dated November 10, 2025, received by the Federal Court on December 19, 2025.
Complete summary of the ruling can be found in the Portal.
7B_1124/2025: Inadmissibility of the Complaint Due to Late Submission
Summary of the Facts
A.________ filed a complaint with the Federal Court against a decision of the Criminal Complaint Chamber of the Cantonal Court of Vaud, which had declared two complaints against dismissal and non-proceeding decisions of the Public Prosecutor's Office of the District of La Côte inadmissible. The appellant also requested free legal aid and restoration of the deadline.
Complete summary of the ruling can be found in the Portal.
7B_988/2025: Dismissal of the Complaint Regarding Dismissal 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 business management. They requested a continuation of the investigation against the suspects C.________ and D.________ from the central office of the Public Prosecutor's Office of the Canton of Valais between 2017 and 2021, which they believed was necessary. After several proceedings, the Cantonal Court ordered the expansion of the investigation in 2022. Nevertheless, the Public Prosecutor's Office decided with a dismissal order in 2025 not to prosecute C.________ and D.________. The single judge of the Criminal Chamber of the Cantonal Court confirmed this dismissal order, against which the complaint was filed with the Federal Court.
Complete summary of the ruling can be found in the Portal.
6B_918/2025: Dismissal of the Complaint Due to Withdrawal
Summary of the Facts
The appellant A.________ had filed a complaint against a decision of the Cantonal Court of Lucerne dated November 10, 2025. With an undated submission, which was received by the Federal Court on December 23, 2025, he withdrew the complaint.
Complete summary of the ruling can be found in the Portal.
9C_467/2025: Non-Admission of the Complaint
Summary of the Facts
A.________ filed a complaint against the ruling of the Cantonal Court of Lucerne (5V 24 123) dated July 14, 2025. The subject of the proceedings was disability insurance. By letter dated November 28, 2025, the appellant withdrew the complaint filed on September 1, 2025.
Complete summary of the ruling can be found in the Portal.
5A_406/2025: Service of a Payment Order and Timely Filing of the Objection
Summary of the Facts
A.________ initiated enforcement against B.________ for a claim of CHF 162,000. The Debt Enforcement Office transmitted the payment order to B.________, who filed an objection in a timely manner, which, however, was not noted on the payment order. This led to the issuance of a bankruptcy warning and later to the cancellation of these measures by the Debt Enforcement Office. The District Court of St. Gallen annulled this decision of the Debt Enforcement Office; however, the Cantonal Court confirmed the nullity of the enforcement measures.
Complete summary of the ruling can be found in the Portal.
7B_1097/2025: Decision on the Non-Admission of a Complaint in Proceedings Pursuant to Art. 108 BGG
Summary of the Facts
The appellant is filing a complaint against a decision of the Higher Court of the Canton of Bern, which rejected the opening of a complaint procedure. The Federal Court examines whether the complaint meets the statutory justification requirements according to Art. 42 BGG and decides on the non-admission of the complaint as well as the allocation of costs.
Complete summary of the ruling can be found in the Portal.
5A_792/2025: Withdrawal of the Complaint in Divorce Proceedings (Liquidation of the Property Regime)
Summary of the Facts
A.________ filed a complaint on September 15, 2025, against a decision of the Cour d'appel civile of the Canton Court of Vaud dated July 21, 2025, regarding the liquidation of the property regime in connection with a divorce proceeding between him and B.________. During the proceedings, the parties entered into a settlement process. Following the withdrawal of the complaint on December 18, 2025, the president of the II. civil law department of the Federal Court ordered the case to be removed from the register.
Complete summary of the ruling can be found in the Portal.
5A_1069/2025: Ruling on the Allocation of Costs Related to a Bankruptcy Warning
Summary of the Facts
The A.________ GmbH was enforced for a claim of CHF 492.50 from the tax administration of the Canton of Appenzell. After relocating to the Canton of Zug, the Debt Enforcement Office Cham issued a bankruptcy warning. The complaint filed against this was dismissed by the Higher Court of the Canton of Zug, II. Complaint Department, as the supervisory authority over debt enforcement and bankruptcy. Due to willful false allegations, the lower court imposed a decision fee of CHF 500. The A.________ GmbH challenged the allocation of costs before the Federal Court.
Complete summary of the ruling can be found in the Portal.
9C_398/2025: Inadmissibility of the Challenge to the Cantonal Directive Regarding Property Tax Values and Imputed Rents
Summary of the Facts
The government council of the Canton of Zurich issued a detailed directive on the valuation of properties and the determination of imputed rents on August 28, 2024, which is to come into force in 2026. Three complainants, including the homeownership 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 that was based on non-admission to have the directive reviewed on the merits.
Complete summary of the ruling can be found in the Portal.
5A_508/2025: Distribution of Proceeds from a Assignment Action According to Art. 260 SchKG
Summary of the Facts
A creditor (A.________) had outstanding claims of CHF 2,693,931.68 in the context of 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 requested A.________ to return this surplus to the estate.
Complete summary of the ruling can be found in the Portal.