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 provide detailed summaries including facts, considerations, and dispositions. For the remaining 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.
6B_459/2024: Judgment on Abuse of Trust, Professional Fraud, Illegal Social Benefits, and Violation of Maintenance Obligations
Summary of the Facts
The appellant A.________ was initially convicted by the District Court of La Glâne and subsequently by the Cantonal Court of Fribourg for abuse of trust, professional fraud, illegal social benefits, and violation of maintenance obligations. He is accused of misleading several individuals through extensive deceptions to obtain money, which he primarily used for gambling. Additionally, he failed to pay maintenance contributions for his son during a period and received social assistance without declaring other income. The lower courts imposed an aggregate prison sentence of three years.
Summary of the Considerations
The appellant complains about the violation of his right to a fair hearing, primarily due to the non-consideration of his arguments. The Federal Court concludes that the Cantonal Court examined the essential points and there was no violation of the right to a fair hearing. The Court examines the appellant's allegations that the assessment of evidence was arbitrary and that the presumption of innocence was violated. It is established that the lower court assessed the evidence in a coherent context and in a comprehensible manner. The appellant disputes the prerequisites of the professional fraud charge. The Court confirms that he committed professional fraud through a complex web of deceptions, combined with intent and repeated frauds. The sentence was determined taking into account the appellant's serious guilt, his prior convictions, his lack of awareness of wrongdoing, and the duration of the offenses. The severity of the sentence was not excessive and was within the judicial discretion.
Summary of the Disposition
The Federal Court dismisses the appeal and rejects the request for free legal assistance. The costs are imposed on the appellant.
1C_71/2025: Decision on Contract Adjustment and Termination of Employment Relationships in Public Service
Summary of the Facts
The appellant, A.________, had been employed by the Canton of Valais as a labor inspector and later as a lawyer since April 1, 2012. Due to repeated conflicts with his superiors, he received an informal warning in 2019 and a formal warning in September 2020. In June 2021, his employment was terminated by the State Council of the Canton of Valais due to loyalty and behavioral issues. At the same time, the appellant requested a reassessment of his performance for the year 2020, which was denied. The appellant contested all decisions and took legal action, which ultimately led to the dismissal of the appeals by the cantonal court.
Summary of the Considerations
The Federal Court examines the admissibility of the submitted appeal ex officio. Decisions regarding non-pedagogical employment relationships in public service are only permissible under specific conditions (Art. 83 lit. g and Art. 85 para. 1 BGG). The appellant can appeal against the termination and the performance assessment for the year 2020, but not against the formal warning and new claims such as reimbursement of damages. Parts of the appeal are thus inadmissible. The appellant alleges a violation of his right to a fair hearing, particularly concerning the documentation of witness statements and missing examination documents. These allegations are not sufficiently substantiated and are inadmissible with respect to the requirements of Art. 106 para. 2 BGG. The appellant contests the termination, the warning, and the performance assessment on the grounds of arbitrariness (Art. 9 BV). The Federal Court does not consider the application of cantonal personnel law (especially Art. 30 para. 1 and 58 LcPers as well as Art. 20 LcPers) by the cantonal court to be arbitrary. The appellant does not meet the qualified justification requirements and primarily confronts the Court with an appellate presentation. The alleged violation of the principle of equal treatment is also not sufficiently substantiated and therefore inadmissible.
Summary of the Disposition
The Federal Court dismissed the appeal as far as it was admissible, imposed the court costs on the appellant, and did not grant any party compensation.
4F_38/2025: Revision of a Federal Court Judgment
Summary of the Facts
The applicant filed a request for revision against the judgment of the Federal Court (4D_112/2025) dated August 15, 2025, which the Federal Court did not address due to lack of payment of the cost advance in the simplified procedure. The request for revision was not sufficiently substantiated. A request for free legal assistance was also filed, which was rejected.
Summary of the Considerations
The judgments of the Federal Court are generally final and can only be revised for the reasons exhaustively listed in Art. 121 to Art. 123 BGG. Legal submissions must refer to grounds for revision, contain a clear justification, and demonstrate how the present judgment is erroneous. The applicant's submission obviously did not meet these requirements. The applicant argued that he did not accept the judgment but did not address a specific revision ground. The objection regarding costs and a general rejection of claims also provided no basis for a revision under Art. 121 - Art. 123 BGG. The request for free legal assistance was rejected as the revision request was classified as hopeless (Art. 64 para. 1 BGG). Due to the outcome of the proceedings, the applicant was imposed court costs of CHF 500.–, but no party compensation was awarded to the opposing party, as no expenses were incurred for them (Art. 68 para. 3 BGG).
Summary of the Disposition
The revision request was not addressed, and the request for free legal assistance was rejected. In addition, court costs were imposed, but no party compensation was awarded.
4D_229/2025: Judgment on Legal Opening
Summary of the Facts
The appellant A.________ appealed against the decision of the Cantonal Court of Zurich, which did not address an appeal concerning the granting of definitive legal opening for a tax claim amounting to CHF 4,188.15 plus interest. With his submission to the Federal Court, the appellant also requested the granting of free legal assistance.
Complete summary of the judgment can be found in the Portal.
1C_656/2025: Inadmissibility of the Appeal Against the Return of the Driving License
Summary of the Facts
A.________ applied to the Service des automobiles et de la navigation of the Canton of Vaud for the return of his driving license after it was revoked indefinitely in 2013. Due to unmet conditions, particularly controlled abstinence, the application was unsuccessful. A.________ then filed an appeal with the Cour de droit administratif et public of the Cantonal Court of Vaud, which declared it inadmissible and referred the matter back to the administrative authority. Before the Federal Court, A.________ asserted that there was a formal denial of justice and a violation of the right to a fair hearing.
Complete summary of the judgment can be found in the Portal.
4D_213/2025: Decision Regarding Legal Opening
Summary of the Facts
The appellant contested the judgment of the District Court of Weinfelden dated June 2, 2025, before the Cantonal Court of Thurgau, which dismissed his appeal on September 30, 2025, as far as it entered into it. With a submission dated October 28, 2025, the appellant wanted to file an objection with the Cantonal Court. The Cantonal Court forwarded this submission to the Federal Court, where it was treated as an appeal. The appellant also filed a request for free legal assistance for the Federal Court proceedings.
Complete summary of the judgment can be found in the Portal.
5A_1024/2025: Decision Regarding Non-Acceptance of an Appeal in Civil Matters Related to a Garnishment Announcement
Summary of the Facts
The Swiss Confederation initiated debt collection against the appellant for a claim plus interest and costs. After an unsuccessful appeal against the definitive legal opening and a garnishment announcement, the appellant submitted a request to the Federal Court, which was accepted as an appeal in civil matters. He disputed his identity as the debtor; however, the question of identity had already been examined in the legal opening procedure.
Complete summary of the judgment can be found in the Portal.
5A_531/2024: Partial Acceptance of the Appeal Regarding Maintenance Contributions
Summary of the Facts
The case concerns an appeal against a judgment of the Cour de justice of the Canton of Geneva, which newly regulated the maintenance contributions that a father (A.A.) has to pay to his two children (C.A. and D.A.). The parents of the children have been separated since 2016, with sole custody granted to the mother. Subsequently, it was only about the amount of maintenance contributions. The appellant (A.A.) contested the judgment of the lower court, arguing that he was financially unable to make maintenance payments and offered alternative justifications regarding his income situation.
Complete summary of the judgment can be found in the Portal.
5A_690/2025: Inheritance Dispute Over the Value of a Succession Parcel
Summary of the Facts
The appellant requests the cancellation of a judgment of the Cantonal Court of Zurich, which dealt with an inheritance dispute regarding the valuation and allocation of a succession parcel. The lower courts had already definitively decided that the agricultural land parcel should be allocated to the opposing party as the sole owner at a valuation of CHF 58,120.--. The appellant had requested a higher valuation of the parcel and a redistribution of the estate in a new procedure, which was rejected by the lower courts due to res judicata.
Complete summary of the judgment can be found in the Portal.
4D_192/2025: Decision Not to Enter the Appeal Due to Lack of Cost Advance and Insufficient Justification
Summary of the Facts
The appellant filed an appeal against the decision of the Cantonal Court of the Canton of Valais, I. Civil Law Division, dated October 2, 2025, which did not enter into an appeal against a decision of the District Court of Visp dated September 22, 2025. The appeal concerns the definitive legal opening procedure.
Complete summary of the judgment can be found in the Portal.
7B_1086/2025: Non-Acceptance of an Appeal in Criminal Matters
Summary of the Facts
The appellant A.________ filed an appeal in criminal matters against the decision of the Cantonal Court of Bern dated September 26, 2025. The subject matter was the rejection of a request for the reopening of the criminal proceedings against B.________ AG due to property theft and the non-acceptance of her cantonal legal remedy, which was decided due to insufficient justification.
Complete summary of the judgment can be found in the Portal.
1D_18/2025: Authorization for Criminal Prosecution Against Members of Cantonal Authorities
Summary of the Facts
The appellant A.________ filed criminal charges against representatives of cantonal authorities from St. Gallen, including Councilor B.________ and Cantonal Judge C.________. The Judicial Commission of the Cantonal Council refused to authorize the opening of criminal proceedings. With a subsidiary constitutional complaint, A.________ requested the annulment of the decision and the granting of the authorization.
Complete summary of the judgment can be found in the Portal.
7B_1042/2025: Non-Acceptance of the Appeal
Summary of the Facts
The Cantonal Court of Zurich (III. Criminal Chamber) dismissed an appeal by A.________ against a decision to close the case by the District Attorney’s Office of the District of Meilen, or partially did not enter into it. Against this decision, A.________ filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
6F_33/2025: Revision Request and "Fraud Proceedings Complaint"
Summary of the Facts
The applicant killed a seven-year-old boy in 2019 and was not criminally convicted due to insanity but was detained. The Federal Court confirmed these orders in its judgment of January 26, 2023 (6B_1123/2022). With a submission dated September 24, 2025, she requested the annulment of the court decisions and her release from custody under the title "Fraud Proceedings Complaint." The Federal Court treated this submission as a revision request within the meaning of Art. 121 et seq. BGG. Furthermore, the applicant requested the recusal of the entire Federal Court and the appointment of a special federal prosecutor.
Complete summary of the judgment can be found in the Portal.
4D_190/2025: Non-Acceptance Decision in Connection with an Appeal Against the Definitive Legal Opening
Summary of the Facts
The appellant filed an appeal against a decision of the Cantonal Court of Valais with the Federal Court. The appeal was directed against the decision of the District Court of Visp, in which the Cantonal Court did not enter into the appeal.
Complete summary of the judgment can be found in the Portal.
7B_326/2025: Referral to the Public Prosecutor Regarding Professional Fraud
Summary of the Facts
The Public Prosecutor's Office of Lucerne charged two defendants who allegedly sold financial products and operated a Ponzi scheme from 2007 to 2017. The Criminal Court of Lucerne convicted the defendants of professional fraud, forgery, and other offenses, partially acquitted them, and imposed prison sentences. The Cantonal Court of Lucerne overturned the judgment on appeal and referred the criminal case back to the Public Prosecutor's Office for additional evidence collection. This referral was contested.
Complete summary of the judgment can be found in the Portal.
6F_28/2025: Inadmissibility of the Request for Retroactive Recusal of Judges
Summary of the Facts
The parties A.A.________ and B.A.________ requested a retroactive recusal of the judges who participated in an earlier judgment of the Federal Court (6B_1365/2022 of June 10, 2024). They objected to the classification of this request as a request for revision, claiming that they had not deposited any procedural costs because they did not view it as a revision complaint.
Complete summary of the judgment can be found in the Portal.
1C_569/2025: Judgment Regarding Access to Personal Data
Summary of the Facts
The appellant A.________ requested access to his personal data from the Office of Health and Social Affairs of the Canton of Schwyz (AGS) in 2023, which stated that it did not possess any further files regarding him. After his repeated submissions went unanswered, A.________ ultimately filed a complaint for denial of justice with the Government Council of the Canton of Schwyz based on the Federal Data Protection Act, which was dismissed. The Administrative Court of the Canton of Schwyz confirmed the decision of the Government Council and imposed procedural costs on him. The appellant then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_920/2025: Withdrawal of Suspensive Effect in an Adult Protection Measure (Curatelle)
Summary of the Facts
The case focuses on the order of a curatorship of representation and asset management in favor of the appellant under the withdrawal of the suspensive effect. The appellant, mother of seven children, has been criticized for failing to provide financial support to her children and for poor asset management. There are suspicions regarding substance abuse and the misuse of financial resources. The cantonal authorities assessed her situation as critical and urgent. The appellant requests the restoration of the suspensive effect of her appeal.
Complete summary of the judgment can be found in the Portal.
7B_841/2025: Non-Acceptance of an Appeal Due to Denial of Justice, Supervision, Recusal, and Admissibility
Summary of the Facts
The appellant A.________ filed a complaint with the Federal Court against a decision of the Indictment Chamber of the Canton of St. Gallen dated June 19, 2025. The subject matter was denial of justice, supervisory issues, the recusal request, and the evidentiary admissibility of an interrogation protocol. The appellant particularly contested the handling of his right to access the files and the rejection of his request for the appointment of an official legal counsel by the prosecutor.
Complete summary of the judgment can be found in the Portal.
6B_929/2025: Late Submission of an Appeal and Rejection of a Request for Restoration of Deadline
Summary of the Facts
The appellant A.________ filed an appeal in criminal matters against a decision of the Cantonal Court of Zurich. The appeal was submitted late. The appellant filed a request for restoration of the appeal deadline, which she justified with medically certified mental illnesses.
Complete summary of the judgment can be found in the Portal.
6F_34/2025: Judgment on a Revision Request in Criminal Proceedings
Summary of the Facts
The applicant was convicted by the Cantonal Court of Lucerne on December 6, 2024, for multiple sexual acts against a child under Art. 187 para. 1 StGB and sentenced to a prison term of 2 years and 5 months, which is an additional sentence to a previous judgment. The Federal Court did not admit the appeal filed by the applicant against this judgment, which also sought a revision. The applicant then submitted a revision request and an addition to challenge the judgment of the Federal Court of June 19, 2025.
Complete summary of the judgment can be found in the Portal.
5F_75/2025: Judgment Regarding Revision Request and Free Legal Assistance
Summary of the Facts
The applicant filed a revision request against the judgment of the Federal Court 5A_879/2025 dated October 27, 2025, which did not enter into her submission received as a denial of justice complaint. Additionally, she requested free legal assistance in connection with the revision proceedings.
Complete summary of the judgment can be found in the Portal.
2C_365/2025: Judgment on the Extension of the Residence Permit EU/EFTA After Separation and Departure of the Spouse
Summary of the Facts
A.________, a Kosovo citizen, entered Switzerland in 2017 with his Italian wife and received a residence permit under family reunification. His wife originally held an EU/EFTA residence permit for employment purposes. Since January 2023, the spouses have been separated, and the wife has left Switzerland. In June 2024, the Zurich Migration Office denied the extension of A.________'s permit. A.________ appealed against this decision, which all proved unsuccessful, including the appeal to the Administrative Court of the Canton of Zurich.
Complete summary of the judgment can be found in the Portal.
2C_328/2025: Decision on the Admissibility of Recusal Requests Against Federal Administrative Judges
Summary of the Facts
The Federal Court deals with an appeal against an interlocutory decision of the Federal Administrative Court dated May 13, 2025, in which the Federal Administrative Court did not enter into recusal requests against two of its judges as well as against the Court as a whole. The appellants criticize the independence of the judges based on party affiliation and overall configurations.
Complete summary of the judgment can be found in the Portal.
1C_624/2025: Non-Acceptance Due to Unpaid Cost Advance
Summary of the Facts
The appellant A.________ filed an appeal against the judgment of the Administrative Court of the Canton of Bern concerning police removal with the Federal Court. He requested a stay of proceedings but failed to pay the required cost advance according to Art. 62 para. 1 and para. 3 BGG despite being given a deadline and an extension.
Complete summary of the judgment can be found in the Portal.
5A_1030/2025: Free Legal Assistance in a Procedure Regarding Alleged Vindication Claims
Summary of the Facts
The appellants A.A.________ and B.A.________ requested free legal assistance before the Cantonal Court of Thurgau for a legal remedy procedure concerning alleged vindication claims. The Cantonal Court rejected their request due to lack of financial means and the hopelessness of the legal remedy. They appealed this decision to the Federal Court. They requested the annulment of the decision, the granting of free legal assistance for the cantonal proceedings, and the waiver of a cost advance.
Complete summary of the judgment can be found in the Portal.
