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 Lexplorer portal. 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, applied for disability insurance in 2019, among other reasons due to spinal and shoulder complaints. After medical and occupational assessments, including a psychiatric-orthopedic expert report, the IV office of Basel-Stadt denied a pension claim in 2023, stating that no permanent impairment of work capacity exists. The Social Security Court of the Canton of Basel-Stadt confirmed this assessment after obtaining an additional statement from an expert. The appellant filed an appeal with the Federal Court, requesting the granting of a quarter pension from February 2020 and a three-quarter pension from August 2022.
Summary of the Considerations
- **E.1:** Principles of review in the procedure of complaints in public law matters. The Federal Court reviews the alleged legal deficiencies and only intervenes in the factual findings of the lower court in cases of apparent inaccuracies. - **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 report that affirmed the appellant's work capacity 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 engaged with 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 Defense Counsel
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 defense counsel was changed. The new appointment took place on June 4, 2025. After the submission of a personal appeal by the appellant and a further, deficient appeal statement by the new defense counsel, the president of the appeals chamber of the Geneva court decided to replace the defense counsel due to lack of diligence. The appellant challenged this decision before the Federal Court and requested to retain his defense counsel.
Summary of the Considerations
1. **(E.1)**: The appeal is admissible as it was submitted on time and concerns a cantonal final decision. The contested decision could cause irreparable harm.
2. **(E.2.1)**: The appellant criticizes the assessment of the lower court that the official defense counsel had violated his duties of care.
2. **(E.2.2)**: The Federal Court emphasizes that the right to effective defense must be guaranteed. A change of official defense counsel is only justified if effective defense can no longer be ensured.
2. **(E.2.3)**: The behavior of the defense counsel in obtaining court documents only on the last day of the retrieval period does not justify removal from office, as this was neither systematic nor demonstrably detrimental to the defense. The submission of a deficient 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 made are insufficient to justify the removal of the defense counsel. Future violations could, however, be assessed differently.
Summary of the Dispositive
The appeal is granted, the decision of the lower court is overturned, and the defense counsel receives compensation. No court costs were charged.
1C_679/2024: Access to Official Records of the Child and Adult Protection Authority Schaffhausen; Principle of Public Access
Summary of the Facts
An attorney (appellant) requests access to records of the Child and Adult Protection Authority of the Canton of Schaffhausen (KESB) from 2022, which relate to replacement 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 lowered 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 met. - **E. 2:** The appeal can raise violations of federal and cantonal constitutional law. Qualified justification requirements apply to violations of fundamental rights. - **E. 3:** The appellant invokes the principle of public access and the right to inspect files 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 overriding public or private interests are present. - **E. 4:** The lower court erroneously equated ongoing proceedings with proceedings in which measures already decided are not yet completed. This contradicts the principle that proceedings end with a final decision. The lower court incorrectly assumed that a special interest in access is required. The appellant merely requests anonymized records, which means that personal confidentiality interests are not affected. The lower court did not examine any specific confidentiality interests and did not establish that anonymization is not possible. - **E. 5:** The KESB must inform the appellant in advance if significant fees will be incurred for anonymization. - **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 granted, and the decisions of the lower court are overturned. The KESB is required to reassess the matter, and no court costs are incurred.
7B_956/2025: Non-admission of an appeal against a non-admission order and considerations regarding appeal legitimacy
Summary of the Facts
The appellant filed an appeal against a non-admission order of the Geneva prosecutor (dated May 19, 2025) with the Chambre pénale de recours of the Cour de justice of the Republic and Canton of Geneva, which rejected it with a decision dated August 14, 2025. The appellant filed a criminal appeal against this decision with the Federal Court on September 15, 2025.
Full summary of the judgment can be found in the Portal.
1C_664/2025: Judgment on 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 the violation of defense rights as well as issues regarding limitation and personal presence in the proceedings.
Full summary of the judgment can be found in the Portal.
6B_431/2024: Judgment on qualified disloyal management and compensation claims
Summary of the Facts
The appellant is accused of multiple counts of 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 clients about their nature, extent, and entitlement. This led to a financial loss of CHF 2,141,259.05 for 54 affected clients. The appellant intended to confer unlawful financial advantages to 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 notification
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 notification and the securing of maintenance payments for B.A.________. The lower court, the civil chamber of the Cantonal Court of Valais, rejected 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 Pornography and Rule of Law Principles
Summary of the Facts
The defendant 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 Appeal decided that an appeal by the prosecutor would be granted and sentenced A.________ to a fine of 144 daily rates for pornography. He was also imposed a fine of CHF 2,880, and the opportunity to appeal was denied. A.________ was also permanently barred 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 denial of free legal aid in a collocation proceeding
Summary of the Facts
The appellant A.________, who asserted a claim of CHF 20,751.65 against the bankrupt bank B.________ SA in a collocation proceeding, requested free legal aid. The vice-president of the civil court of the Canton of Geneva rejected her application on June 23, 2025. The appeal against this decision to the vice-president of the Geneva judiciary was also dismissed on September 29, 2025. With an appeal dated 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 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 prosecution requested their unsealing. The coercive measures court discontinued the unsealing procedure because A.________ did not appear for questioning within the time limit. A.________ appealed this decision to the Federal Court and alleged a violation of the right to be heard, among other things.
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 Debt Collection Office Appenzeller Mittelland dated August 22, 2025, in the context of a debt collection process. The High Court of Appenzell Ausserrhoden, as the lower court, did not admit the appeal with a decision on November 11, 2025. The appellant then filed an appeal with the Federal Court on December 4, 2025, against this decision.
Full summary of the judgment can be found in the Portal.
7B_1273/2025: Inadmissibility of the appeal in a criminal case
Summary of the Facts
The Federal Court had to deal 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 an order from the Regional Office for the Bas-Valais, which had ordered a non-admission.
Full summary of the judgment 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 to a penalty order dated April 2, 2024, in which he was convicted of forgery and obtaining a false determination unlawfully. After withdrawing the objection, the Regional Court Jura bernois-Seeland declared the penalty order legally valid on November 25, 2024. Later, A.A. requested the restoration of the deadline for the objection, which was rejected both by the Regional Court on February 17, 2025, and by the cantonal appeal chamber on June 3, 2025. A.A. then turned to the Federal Court against this last decision.
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 and a measure under Art. 64 StGB for several offenses. Several requests for conditional release have been denied in the past. In the appeal before the Federal Court, A.________ sought either conditional release or alternatively the transformation of the measure.
Full summary of the judgment 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 to suspended prison sentences 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 a family law matter
Summary of the Facts
The appellant, mother of the child C.________, requests in her appeal to the Federal Court, among other things, the immediate allocation of sole custody, the withdrawal of the father's right of access, the revocation of the guardianship, and the granting of suspensive effect. The High Court of the Canton of Aargau dismissed a corresponding appeal and referred to the immediate enforceability of the orders of the family court, as they serve the welfare 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 Cour de justice adjusted the father's visiting rights and re-determined the maintenance contributions based on a hypothetical income. The father has 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: Non-admission of 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 against a decision dated August 22, 2025, from the Debt Collection Office Appenzeller Mittelland. The High Court did not admit the appeal with a decision dated November 11, 2025. The appellant subsequently filed an appeal with the Federal Court on December 4, 2025.
Full summary of the judgment can be found in the Portal.
6B_388/2025: Judgment 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. Additionally, he was imposed a fine of 60 days at CHF 30 each and a penalty of CHF 1,000. Furthermore, his conditional suspension of sentence from April 28, 2021, was revoked, the payment of CHF 6,000 in compensation for immaterial damages to the victim was ordered, and his expulsion from Switzerland for five years was decided. A.A.________ appealed against 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 multiple criminal convictions, including violence against his previous partner. On April 5, 2023, a situation arose where 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 questioning on August 23, 2024, which has been extended multiple times. With the contested cantonal decision, the detention was extended until November 22, 2025, which the appellant challenges before the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_927/2024: Judgment on 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 having sold shares of C.________ AG on May 15, 2018, by exploiting 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 appeal 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 imposed with tax demands and fines. The administration found that fees for fund management and performance fees were not correctly declared and that a legal construct was created to facilitate significant tax evasion. The company contested 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 Cour d'appel civile of the Cantonal Court of Vaud dated October 9, 2025, concerning the liquidation of the marital property. After submitting an additional written statement on November 13, 2025, she withdrew her appeal with a letter dated November 10, 2025, which was 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 Appeals Chamber of the Cantonal Court of Vaud, which declared two appeals against dismissal and non-admission orders of the District Attorney of La Côte 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 the 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 management. They requested between 2017 and 2021 an extension of the investigation against the suspects C.________ and D.________, which they believed was necessary. After several proceedings, the Cantonal Court ordered the expansion of the investigation in 2022. Nevertheless, the prosecutor decided in a dismissal order in 2025 not to bring charges against C.________ and D.________. The single judge of the Cantonal Court confirmed this dismissal order, against which the 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 a decision 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: Non-admission 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. With 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: Service of a payment order and timely filing of the objection
Summary of the Facts
A.________ initiated a debt collection against B.________ for a claim of CHF 162,000.–. The Debt Collection Office transmitted the payment order to B.________, who filed an objection in due time, 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 Collection Office. The District Court of St. Gallen overturned this order of the Debt Collection Office; however, the Cantonal Court confirmed the nullity of the enforcement measures.
Full summary of the judgment can be found in the Portal.
7B_1097/2025: Decision on the non-admission of an appeal in the proceedings according to Art. 108 BGG
Summary of the Facts
The appellant filed an appeal against a decision of the High Court of the Canton of Bern, which rejected the opening of an appeal proceeding. The Federal Court examines whether the appeal meets the legal justification requirements according to Art. 42 BGG and decides on the non-admission 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 the divorce proceedings (liquidation of the marital property)
Summary of the Facts
A.________ filed an appeal on September 15, 2025, against a decision of the Cour d'appel civile of the Cantonal Court of Vaud dated July 21, 2025, regarding the liquidation of the marital property in connection with a divorce proceeding between him and B.________. During the proceedings, the parties entered into a settlement process. Following a 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 removed from the register.
Full summary of the judgment can be found in the Portal.
5A_1069/2025: Judgment on the allocation of costs in connection with a bankruptcy warning
Summary of the Facts
The A.________ GmbH was subjected to debt collection 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 Cham issued a bankruptcy warning. The appeal against this was dismissed by the High Court of the Canton of Zug, II. Appeals Department, as the supervisory authority over debt collection and bankruptcy. Due to malicious false claims, the lower court imposed a decision fee of CHF 500. 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 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 appellants, including the homeowners' association of the Canton of Zurich, contested the directive as unlawful and turned to the Federal Court after a decision of non-admission by the administrative court of the Canton of Zurich, seeking a principal review of the directive.
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 organs of the company according to Art. 260 SchKG to various creditors, including A.________. In a subsequent legal dispute, the creditor was awarded claims plus interest, which exceeded the original claim and generated a surplus. The bankruptcy administration requested A.________ to return this surplus to the estate.
Full summary of the judgment can be found in the Portal.