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 dispositive parts. 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.
9C_583/2025: Decision regarding the denial of free legal aid in a disability insurance proceeding
Summary of the Facts
The appellant, who applied for a disability pension before the cantonal court of the Canton of Vaud, simultaneously requested free legal aid and an extension for submitting the necessary documents. The cantonal authority denied free legal aid and set a deadline for the payment of a court cost advance under the threat of non-admission.
Summary of the Considerations
E.1 The Federal Court examined whether the appeal against the cantonal decision regarding free legal aid is admissible and whether an irreparable disadvantage exists according to Art. 93 para. 1 lit. a BGG. It was recognized that the denial of free legal aid can cause an irreparable disadvantage, as the appellant is significantly disadvantaged by the lack of legal assistance and the inability to pay the advance request.
E.2 The cantonal authority had denied free legal aid because the corresponding application justification and evidence were submitted incompletely. It was emphasized that the appellant could not make use of the right to request an extension.
E.3 The appellant claimed that the cantonal authority committed a formal denial of justice by refusing an extension. The Federal Court found that the strict application of procedural rules in this case violates the principle of impermissible formal denial of justice (Art. 29 para. 1 BV).
E.4 The cantonal authority should have granted the appellant a reasonable request for an extension, as this would not impair the objective of an expedited procedure, and the denial of the request is disproportionate.
Summary of the Dispositive Part
The appeal was upheld, the decision of the lower court was overturned, and the case was referred back to the cantonal authority. No court costs are incurred, and the Canton of Vaud must pay the appellant CHF 3,000 for the costs of the proceedings.
9C_644/2025: Judgment on tax assessment by discretion and missed deadline
Summary of the Facts
The taxpayer A.________ did not submit a tax return for the tax period 2023 despite public requests and reminders. The municipal tax office then assessed him based on its discretion. A later submitted tax return was accepted as an objection by the cantonal tax office but was not considered due to missed deadlines. After legal proceedings before the tax appeals court and the administrative court of the Canton of Zurich, A.________ appealed to the Federal Court.
Summary of the Considerations
- **E.1:** The lower court found that the objection period had expired on December 16, 2024, due to the presumption of delivery. The tax return submitted on January 8, 2025, was late. The Federal Court adopts the facts according to Art. 105 para. 1 BGG.
- **E.2:** For an appeal to the Federal Court, there is a qualified justification requirement according to Art. 42 para. 1 and 2 BGG. General criticism without reference to the lower court's considerations is insufficient.
- **E.3:** The taxpayer does not comment on the legality of the non-admission but primarily addresses the financial burden and his personal situation. Thus, the appeal does not meet the legal requirements.
Summary of the Dispositive Part
The appeal is dismissed, there is a non-admission, and court costs are imposed on the appellant.
9C_530/2025: Inadmissibility of the appeal
Summary of the Facts
A.________, a married person without employment, contested the decision of the cantonal compensation fund to calculate personal contributions for the year 2021. The cantonal insurance court of the Canton of Ticino partially overturned this decision, referred the matter back to the compensation fund for reassessment, and awarded the appellant compensation of CHF 2,000, which A.________ considered too low. Against the judgment of the cantonal court, she appealed to the Federal Court and demanded CHF 5,000 or a new decision from the cantonal court based on procedural costs.
Summary of the Considerations
- **E.1:** The Federal Court examines its jurisdiction and the admissibility of the appeal ex officio. Decisions on cost and compensation regulations are considered ancillary decisions, for which the same admissibility requirements apply as for decisions on the main subject. - **E.2:** The main subject is a referral decision of the court of the Canton of Ticino, which is an interim decision and does not conclude the proceedings. - **E.3:** The interim decision on costs and compensations does not cause an irreparable disadvantage according to Art. 93 para. 1 lit. a BGG. The appellant can raise this issue again in a later appeal procedure against the final decision. - **E.4:** In the absence of an irreparable disadvantage, the appeal is to be declared obviously inadmissible in the procedure according to Art. 108 para. 1 lit. a BGG.
Summary of the Dispositive Part
The appeal is declared inadmissible, the court costs are imposed on the appellant, and no party compensations are granted.
8C_674/2025: Judgment on social assistance and procedural prerequisites
Summary of the Facts
At issue was the non-admission of the lower court to a complaint from the appellant, who opposed a reimbursement claim from social assistance. The lower court justified its non-admission by stating that the appellant had failed to meet the legal requirement of personally signing the complaint, despite a reasonable extension (§ 43 para. 3 VRPG/AG).
You can find the complete summary of the judgment in the Portal.
9C_228/2025: Judgment on additional taxes and the deduction of travel expenses for the tax periods 2016 and 2017
Summary of the Facts
The Federal Court deals with tax proceedings for the tax periods 2016 to 2017 concerning additional taxes and fines. The lower court affirmed the existence of undeclared bank assets as well as the obligation to pay additional taxes and denied the deduction of travel expenses for property management. The taxpayer disputes that new facts are present and demands the deduction of travel expenses.
You can find the complete summary of the judgment in the Portal.
8C_656/2025: Non-admission of the appeal
Summary of the Facts
The appellant submitted an email, which was treated as an appeal by the administrative court of the Canton of Zurich. However, the cantonal court did not consider it, as the email did not meet the formal requirements, and there was no suitable object of appeal evident.
You can find the complete summary of the judgment in the Portal.
8C_619/2025: Denial of a disability pension claim
Summary of the Facts
The appellant, A.________, registered with the IV office of the Canton of Bern in 2023 with complaints such as recurring depressive phases, social phobia, and isolation for benefits. After medical and employment assessments, as well as an expert opinion from Dr. med. B.________, a disability degree of 33% was determined, leading the IV office to deny the claim for a disability pension. The administrative court of the Canton of Bern confirmed this denial.
You can find the complete summary of the judgment in the Portal.