Latest Judgments of the Federal Court
Here you will find the latest judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and rulings. 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.
1C_51/2025: Admissibility of a driver's license revocation due to traffic rule violations
Summary of the Facts
A.________ was controlled for a traffic offense on November 14, 2023, and was fined based on a penal order from the Public Prosecutor's Office of Graubünden. The Road Traffic Office of Graubünden subsequently revoked his driver's license based on Art. 16b para. 2 lit. e SVG. A.________ filed an appeal against the revocation of his driver's license, which was rejected by the Department of Justice, Security and Health, and later by the Administrative Court of the Canton of Graubünden. A.________ requested the Federal Court to reduce the measure to a one-month revocation of his driver's license.
Summary of the Considerations
E.1: The appeal in public law matters is admissible. E.2: The raised objection regarding a violation of the right to be heard is dismissed, as the lower court examined essential arguments of the appellant and provided sufficient reasoning. E.3: The alleged incorrect finding of facts is rejected. The lower court correctly relied on the facts of the accepted penal order and conducted a non-arbitrary interpretation. E.4: The legal assessment as a medium-level offense according to Art. 16b para. 1 lit. a SVG is confirmed. The limited vision of the appellant posed a significant danger to traffic safety. E.5: The increase of the measure to a revocation of the driver's license for an indefinite period with a minimum duration of two years according to Art. 16b para. 2 lit. e SVG is justified after the relevant accumulation of offenses and is in accordance with federal law.
Summary of the Ruling
The Federal Court dismissed the appeal and imposed the court costs on the appellant.
5A_740/2024: Measures for spousal protection: Maintenance contribution
Summary of the Facts
The parties, who have been married since 1987, have lived separately since 2018. Various court decisions regarding the separation conditions have already been made, including a ratified convention on protective measures. In a submission dated December 21, 2022, the appellant requested a monthly maintenance payment of CHF 13,000 retroactively from March 1, 2022, before the first-instance court. The respondent requested a subsidiary amount of CHF 2,000. The first instance decided on a maintenance contribution of CHF 10,170 per month. The cantonal court reduced this amount to CHF 5,050 until March 31, 2024, and CHF 5,970 from April 1, 2024.
Summary of the Considerations
The present appeal concerns a cantonal decision on precautionary measures in divorce proceedings. The conditions for reviewing a violation of constitutional rights by the Federal Court (Art. 98 BGG) are explained. The material and temporal jurisdiction as well as the requirements for justification are examined and deemed basically given. Various material points of the contested judgment are examined: The calculation of the respondent's income was assessed as not arbitrary, while the non-consideration of property maintenance costs was partially deemed arbitrary. The decision on procedural costs and party compensations in the cantonal procedure is referred back for a new determination due to the partial approval of the appeal. The appeal is partially upheld, and the future maintenance arrangement is to be reassessed.
Summary of the Ruling
The appeal was partially upheld, the cantonal decision regarding maintenance from April 1, 2024, was annulled, and referred back for reevaluation. The court costs are to be shared among the parties, and the respondent must pay an amount to the appellant.
1C_374/2024: Decision on the removal of zoning-violating constructions
Summary of the Facts
The appellants, A.A. and A.B., are co-owners of properties in Onsernone that are located in a protected agricultural zone according to the zoning plan. Various constructions (including fences, pergolas, wooden posts) were constructed without building permits. This led to a series of administrative and judicial proceedings. The municipal council ordered the removal of these constructions, which was confirmed by higher authorities, including the Administrative Court.
Summary of the Considerations
The Federal Court examines the formal admissibility of the appeal and considers it fundamentally given, as it concerns a final cantonal decision in the area of public law. The subject of the dispute is solely the order of the municipal council dated June 12, 2023, for the removal of the constructions on parcel no. 369. Remarks regarding other constructions (on parcel no. 373) are inadmissible. The Federal Court reiterates that construction projects in an agricultural zone require a building permit and that the questioned constructions do not fall under the exception article for garden facilities. The location outside the construction zones makes the requirement for a permit mandatory, and the erected constructions are obviously in violation of zoning regulations. The Federal Court confirms the order for the removal of the constructions as lawful, as there are no substantial new facts or legal changes that could justify a subsequent approval. The exception of not requiring a separate remediation permit was correctly applied by the Administrative Court, as the illegality of the constructions was clear. The legal bases (namely Art. 34 para. 5 of the Spatial Planning Ordinance and Art. 16a Spatial Planning Act) exclude a permit for these constructions. There is no violation of the principle of proportionality. The interest in enforcing the separation principle outweighs the private interest in maintaining the constructions. The activities of the appellants in the agricultural zone are legally classified as leisure agriculture and are not zoning-compliant. Nevertheless, the principle of property guarantee is respected, as restrictions in the public interest are justified.
Summary of the Ruling
The appeal is dismissed and the appellants are imposed the court costs.
2C_82/2023: Judgment regarding the non-renewal of the residence permit and expulsion of a Filipino national
Summary of the Facts
The appellant, a Filipino national, had been employed as a housekeeper in Switzerland since 2011. His residence permit was initially tied to a specific employment relationship. After losing his job in 2016 and receiving social assistance, the extension of the permit was denied by the cantonal authorities. The appellant claimed to be a victim of human trafficking and further cited health and personal reasons. The lower courts confirmed the denial of the residence permit and the resulting expulsion.
Complete summary of the judgment can be found in the Portal.
6B_649/2023: Decision on the appeal against two judgments of the Geneva judiciary
Summary of the Facts
The appellant A.________ and the respondent B.________ are involved in a prolonged legal dispute that includes both civil and criminal elements. At its core, it concerns the ownership and economic circumstances of the Swiss joint-stock company D.________ as well as criminal allegations such as fraud, breach of trust, and money laundering. The appellant claims to have sole control over the company, while B.________ allegedly used forged documents and unjustified payments to appropriate property and assets. The Federal Court deals with two appeals arising from this dispute: one against the judgment of the Chambre pénale d'appel et de révision of the Geneva judiciary dated March 27, 2023, and another against the judgment of the same instance dated September 30, 2024, which rejects a revision of the former judgment.
Complete summary of the judgment can be found in the Portal.
5A_811/2025: Decision regarding the observance of deadlines in an appeal against a cantonal decision in a child protection case
Summary of the Facts
A.________ and B.________ are the parents of the children C.________ and D.________ as well as E.________. Following a doctor's signal, proceedings were initiated before the Tribunal de protection de l'adulte et de l'enfant of the Canton of Geneva (TPAE). This included the continuation of the placement decision and other protective measures for the child. A.________ appealed against this cantonal decision, which was declared inadmissible by the Chambre de surveillance of the Cour de justice of the Canton of Geneva due to alleged missed deadlines. A.________ then turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_371/2025: Judgment regarding the disposal of seized assets and multiple qualified disloyal business management
Summary of the Facts
The Cantonal Court of Lucerne sentenced the appellant to a partially conditional prison sentence of 2 years and 6 months, a conditional fine, and ordered a compensation claim. A ban on activity was waived, but a violation of the acceleration requirement was found. The appellant filed an appeal and requested the annulment of the judgment and a referral.
Complete summary of the judgment can be found in the Portal.
6F_36/2025: Inadmissibility of the request for revision
Summary of the Facts
The lower court, the Corte di appello e di revisione penale (CARP) in the Canton of Ticino, convicted the appellant A.________ on August 21, 2024, for professional fraud (partially attempted), multiple forgery, multiple reaching of false certification, and disloyal business management. The sentence was three years imprisonment, with 18 months suspended on probation for a period of two years. The Federal Court dismissed an appeal from A.________ against this judgment on August 20, 2025, to the extent that it was admissible. On October 9, 2025, A.________ requested a revision of this judgment by the Federal Court based on several grounds according to Articles 121 and 123 BGG.
Complete summary of the judgment can be found in the Portal.
8C_626/2024: Judgment regarding care services in accident insurance
Summary of the Facts
A.________ suffered complete tetraplegia on July 7, 2020, due to a head dive into the Aare. SWICA Versicherungen AG granted him monthly benefits of CHF 3,091.39 for care and home assistance from October 2022. The Insurance Court of the Canton of Solothurn increased this amount to CHF 7,455.26, after which SWICA appealed. It requested a reduction of the benefits to CHF 7,288.50 and contested the qualification of certain care actions as medical care.
Complete summary of the judgment can be found in the Portal.
5A_210/2025: Judgment on a recognition action for a mortgage claim
Summary of the Facts
The Bank B.________ AG granted the D.________ AG a mortgage loan of CHF 3.9 million in 2017 to finance a property purchase. To secure the loan, the A.________ AG established a registered mortgage bond for the same amount against the properties. After the D.________ AG fell into arrears, the bank initiated bankruptcy proceedings against both it and the A.________ AG for the realization of the collateral. The A.________ AG filed an objection and contested the formal validity of the security transfer as well as the admissibility of a corporate intervention. The Commercial Court of the Canton of Zurich ordered the A.________ AG in a partial judgment to pay the bond amount. The A.________ AG appealed to the Federal Court against this.
Complete summary of the judgment can be found in the Portal.
2C_414/2025: Permit under the Free Movement Agreement
Summary of the Facts
A Kosovo national, A.________, applied for a permit under the Free Movement Agreement (FZA) to live with his Romanian wife residing in Switzerland. He was convicted of offenses in Switzerland and Bulgaria, including serious drug offenses, and was imprisoned until 2020. The authorities and the Cantonal Tribunal of Vaud denied the application, as the man was still considered a threat to public order and safety.
Complete summary of the judgment can be found in the Portal.
5A_591/2025: Judgment regarding precautionary measures in divorce proceedings (maintenance and child matters)
Summary of the Facts
The appellant (born 1988) and the respondent (born 1989) are the separated spouses and parents of two children, C.________ (born 2016) and D.________ (born 2017). The divorce proceedings have been pending since 2020. Among other things, the custody arrangement, the right of contact, and the amount of maintenance contributions are contested. The High Court of the Canton of Zug examined the requests of both parties in its judgment of June 23, 2025, and partially amended them.
Complete summary of the judgment can be found in the Portal.
9C_358/2024: Approval of the IV pension requirements
Summary of the Facts
A.________, born in 1970, made an initial application to the disability insurance (IV) in 2009 due to complaints such as headaches and dizziness. The IV rejected the claim based on a neurological report in 2011. A second application to the IV was made in 2018, during which a differentially diagnosed suspected postural orthostatic tachycardia syndrome (POTS) was considered in a report from 2020. The IV granted A.________ a full pension from February 2019 and a half pension from October 2020. However, A.________ demanded a retroactive revision for the period starting in 2010, which the IV rejected. The lower court (Cour de justice des Kantons de Genève) decided in favor of the insured party, after which the IV filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_599/2025: Question of inadmissibility due to late submission of the appeal
Summary of the Facts
A.________ filed an appeal against the judgment of the Social Security Court of the Canton of Zurich dated August 20, 2025, which was served to him on September 24, 2025. However, the appeal was only submitted on October 27, 2025, after the expiration of the 30-day deadline for legal remedies according to Art. 100 para. 1 BGG.
Complete summary of the judgment can be found in the Portal.
1C_651/2025: Access to police data and their correction
Summary of the Facts
The appellant requested access to the complete police reports from two incidents on January 4 and February 18, 2025, which occurred following break-ins at her residence in Geneva. The police denied access to all details, citing the protection of personal data of third parties, and instead provided excerpts. Furthermore, the appellant objected to errors and what she perceived as a derogatory character of the recorded remarks (“incoherent”). The administrative chamber of the Cour de justice of the Canton of Geneva dismissed her appeal against this order, prompting her to appeal to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_935/2025: Decision on the suspension of procedures for the return of a child
Summary of the Facts
A.________ and B.________, both Romanian nationals, are the separated parents of C.________, born in 2014. Following the mother's move with the child to Switzerland, the father requested the return of the child to Romania based on the Hague Convention on the Civil Aspects of International Child Abduction (CArap). Despite the lower court’s return order, the return of the child has not yet been carried out due to pending criminal proceedings in Romania against the mother. The father subsequently requested changes to the return provisions and arrangements for personal contact in a separate proceeding. However, the president of the child protection chamber of the appellate court of the Canton of Ticino ordered the suspension of both proceedings, which the father challenged before the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_1023/2025: Inadmissibility of an appeal regarding a challenge request
Summary of the Facts
The appellant, a divorced father of a child born in 2015, filed an appeal against the decision of the Cantonal Court of Basel-Landschaft, which did not admit a challenge request he submitted. The lower court justified its inadmissibility by stating that the written judgment in the underlying proceeding was still pending, and the appellant could raise the claimed procedural errors in an appeal against the reasoned judgment.
Complete summary of the judgment can be found in the Portal.
7B_845/2023: Decision on the unsealing of evidence in tax criminal proceedings
Summary of the Facts
The Federal Tax Administration is conducting a criminal investigation on suspicion of tax fraud. As part of the investigations, it requested documents from the A.________ Bank Cooperative regarding certain accounts, which were sealed after their release. The Tax Administration requested the unsealing, but the appeal chamber of the Federal Criminal Court dismissed the request due to insufficient presentation and substantiation of the relevant evidence and ordered the return of the documents. The Tax Administration appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_1001/2024: Appeal regarding the non-initiation of a criminal procedure and lack of standing
Summary of the Facts
The A.________ SA filed several criminal complaints against B.________ and other parties regarding allegations related to unauthorized stock transactions and other possible offenses such as disloyal business management and forgery. The public prosecutor partially opened a criminal investigation but ordered the non-initiation regarding one criminal complaint against other parties (criminal complaint 6). The High Court of the Canton of Zurich did not admit the appeal of A.________ SA against this non-initiation due to lack of standing, after which the appellant filed an appeal in criminal matters to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_706/2025: Divorce proceedings regarding legal delay
Summary of the Facts
In the present case, the appellant A.________ complains about an alleged legal delay or denial of justice in the divorce proceedings before the cantonal courts. He also criticizes the referral of a statement he submitted and demands the acknowledgment of a legal delay and the granting of legal aid. The Federal Court particularly addresses the question of whether there is a legitimate interest in the determination of the legal delay.
Complete summary of the judgment can be found in the Portal.
2C_653/2025: State liability and legal aid
Summary of the Facts
A.________ applied to the Finance Directorate of the Canton of Zurich for legal aid in connection with state liability claims. The Finance Directorate denied the application, as the preliminary procedure for state liability claims is usually free of charge and the endeavor appeared obviously hopeless. Subsequently, the government council of the Canton of Zurich dismissed an appeal, and the Administrative Court of the Canton of Zurich confirmed this decision. A.________ then filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_724/2025: Inadmissibility of the appeal against the revocation of the driver's license
Summary of the Facts
The cantonal Road Traffic Office of the Canton of Geneva revoked A.________'s driver's license for three months by order dated August 21, 2024. An alleged date for filing the appeal on September 2, 2024, could not be proven, as the submission of the appeal was only made by normal post without evidence. The Tribunal administratif de première instance (TAPI) declared the appeal inadmissible by decision dated November 21, 2024. The appeal to the administrative chamber of the Cour de justice Geneva was also dismissed by judgment dated November 4, 2025. A.________ filed an appeal with the Federal Court on November 20, 2025.
Complete summary of the judgment can be found in the Portal.
9C_611/2025: Judgment on procedural prerequisites in the area of disability insurance
Summary of the Facts
The appellant challenges a judgment of the Social Security Court of the Canton of Zurich, which rejected his claim for a disability pension. The cantonal court relied on a medical report stating that the appellant was substantially capable of working in an adapted occupation. In his appeal to the Federal Court, the appellant did not present a substantial justification but merely repeated his view regarding his own incapacity for work.
Complete summary of the judgment can be found in the Portal.
5A_1026/2025: Judgment regarding the return placement of a child and child protection measures
Summary of the Facts
The appellant (mother) requested the return placement of her daughter (born 2017) and the restoration of the right of residence. The KESB had previously assigned actual custody to the father and ordered a supervised visitation right for the mother. After the KESB rejected the return placement request, the Child and Adult Protection Court of the High Court of Bern dismissed the appeal filed against this, as far as it was admitted.
Complete summary of the judgment can be found in the Portal.
1C_172/2025: Inadmissibility of the appeal against the immediate dismissal of a cantonal official
Summary of the Facts
A cantonal official, who had been working at the Office cantonal des véhicules (OCV) in Geneva since 2012, was dismissed without notice by the Conseil d'État of the Canton of Geneva due to inappropriate behavior, particularly towards a colleague. In response to the complaint from the affected party, the administrative chamber of the Cour de justice confirmed this decision, as the allegations were deemed sufficiently substantiated and the dismissal was considered proportionate.
Complete summary of the judgment can be found in the Portal.
1C_435/2025: Dismissal of the appeal in public law matters
Summary of the Facts
The closure of a space on a cantonal road by fixed posts and a chain was ordered by the Centro di manutenzione of the Canton of Ticino. The appellants (A.________, B.________, and C.________) initially opposed this measure and requested the removal of the chain and the reconstruction of the previous protection with white and black posts. Both the government council and the administrative court of the Canton of Ticino partially or fully rejected the appeal. They then appealed to the Federal Court against this decision.
Complete summary of the judgment can be found in the Portal.
8C_293/2025: Decision on the admissibility of a refusal to acknowledge debt
Summary of the Facts
The appellant A.________ challenged the non-admission of a so-called "refusal to acknowledge debt" under Art. 83 para. 2 SchKG by the Tribunal der Versicherungen of the Canton of Ticino. It concerned the recovery of supplementary benefits by the cantonal compensation office. A.________ requested that debt claims from the compensation office amounting to CHF 5,059.30 and CHF 57,893, based on recovery decisions, not be acknowledged. The Tribunal der Versicherungen of the Canton of Ticino declared itself incompetent and dismissed the request.
Complete summary of the judgment can be found in the Portal.
6B_638/2023: Decision regarding offenses and cost consequences
Summary of the Facts
This case concerns A.________, who was convicted of various offenses related to his role as a co-administrator of a finance company in Switzerland (D.________ SA) and other business activities. He was charged with fraud, disloyal management, money laundering, forgery, and attempted coercion. The case led to several judicial proceedings, with the last court decision of the Federal Court intended to clarify the remaining issues after a referral by the Federal Court. The Federal Court had to decide on the appropriateness of the sentence, the distribution of costs, and the legal assessment of the individual offenses.
Complete summary of the judgment can be found in the Portal.
8F_10/2025: Judgment regarding the request for revision in a disability insurance case
Summary of the Facts
The applicant A.________ applied to the IV office of the Canton of Zurich in 2019 for integration measures and a disability pension. This request was denied by order dated June 23, 2023, which was confirmed by the Social Security Court of the Canton of Zurich (judgment dated March 22, 2024) and by the Federal Court (judgment 8C_288/2024 dated October 29, 2024). With a request for revision dated May 7, 2025, the applicant sought to change the judgment of the Federal Court.
Complete summary of the judgment can be found in the Portal.