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 including facts, considerations, and rulings. In the subsequent 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 legal areas.
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 fined based on a penalty order from the Public Prosecutor's Office of Graubünden. The Road Traffic Office of Graubünden then revoked his driver's license based on Art. 16b para. 2 lit. e SVG. A.________ filed an appeal against the revocation of the 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 a reduction of the measure to a one-month driver's license revocation before the Federal Court.
Summary of the Considerations
E.1: The appeal in public law matters is admissible. E.2: The objection raised regarding a violation of the right to be heard is dismissed, as the lower court examined substantial arguments of the appellant and provided sufficient justification. E.3: The alleged incorrect determination of the facts is rejected. The lower court correctly relied on the facts of the accepted penalty order and made 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 visibility of the appellant posed a significant danger to road 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 and in accordance with federal law due to the relevant accumulation of offenses.
Summary of the Ruling
The Federal Court rejected the appeal and imposed the court costs on the appellant.
5A_740/2024: Measures for marriage protection: maintenance contribution
Summary of the Facts
The parties, who have been married since 1987, have lived separately since 2018. Various court decisions have already been made regarding the separation arrangements, 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, from the first-instance court. The respondent, in turn, 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 is directed against a cantonal decision regarding precautionary measures in divorce proceedings. The requirements for the Federal Court to examine a violation of constitutional rights (Art. 98 BGG) are explained. The substantive and temporal jurisdiction as well as the requirements for justification are examined and deemed generally given. Various substantive points of the contested judgment are examined: The calculation of the respondent's income was deemed not arbitrary, while the non-consideration of real estate maintenance costs was found to be partly arbitrary. The decision on procedural costs and party compensation in the cantonal proceedings 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 overturned, and the case was referred back for reassessment. The court costs are to be divided among the parties, and the respondent must pay an amount to the appellant.
1C_374/2024: Decision regarding the removal of zoning-violating structures
Summary of the Facts
The appellants, A.A. and A.B., are co-owners of properties in Onsernone, which are located in a protected agricultural zone according to the zoning plan. Various structures (including fences, pergolas, wooden posts) were erected without building permits. This led to a series of administrative and court proceedings. The municipal council ordered the removal of these structures, 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 generally given, as it is a final cantonal decision in the area of public law. The subject of the dispute is solely the order of the municipal council of June 12, 2023, for the removal of the structures on parcel No. 369. Remarks on other structures (on parcel No. 373) are inadmissible. The Federal Court reaffirms that construction projects in an agricultural zone require a building permit and that the questioned constructions do not fall under the exception clause for garden equipment. The location outside of building zones makes the approval requirement mandatory, and the constructed structures are obviously zoning-violating. The Federal Court confirms the order for the removal of the structures as lawful, as there are no significant new facts or legal changes that could justify a subsequent approval. The exception of not needing to obtain a separate remediation permit was correctly applied by the Administrative Court, as the illegality of the structures was clear. The legal basis (notably Art. 34 para. 5 of the Spatial Planning Ordinance and Art. 16a Spatial Planning Act) excludes a permit for these structures. There is no violation of the principle of proportionality. The interest in enforcing the separation principle outweighs the private interest in maintaining the structures. The activities of the appellants in the agricultural zone are legally classified as recreational agriculture and are not zoning-compliant. Nevertheless, the principle of property guarantee is met, as restrictions in the public interest are justifiable.
Summary of the Ruling
The appeal is dismissed, and the appellants are imposed with the court costs.
2C_82/2023: Judgment regarding the non-extension of a residence permit and expulsion of a Filipino national
Summary of the Facts
The appellant, a Filipino national, had been working in Switzerland as a domestic worker since 2011. His residence permit was initially tied to a specific employment relationship. After losing his job in 2016 and receiving social welfare support, the extension of the permit was refused 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 refusal of the residence permit and the subsequent 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 long-standing legal dispute that includes both civil and criminal elements. At its core, it concerns the ownership and economic circumstances of the Swiss company D.________, as well as criminal accusations such as fraud, breach of trust, and money laundering. The appellant argues that he had sole control over the company, while B.________ allegedly used forged documents and unjustified payments to appropriate assets and funds. 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 from March 27, 2023, and the other against the judgment of the same authority from 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 compliance with a deadline in an appeal against a cantonal decision in a child protection matter
Summary of the Facts
A.________ and B.________ are the parents of the children C.________ and D.________ as well as E.________. Following a doctor's report, a procedure was initiated before the Tribunal de protection de l'adulte et de l'enfant of the Canton of Geneva (TPAE). This included, among other things, the continuation of the placement decision and further measures for child protection. 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 failure to meet the deadline. 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 unfaithful business management
Summary of the Facts
The Cantonal Court of Lucerne sentenced the appellant in the second instance to a partially suspended prison sentence of 2 years and 6 months, a conditional fine, and ordered a compensation claim. A prohibition on activities was waived, but a violation of the acceleration requirement was noted. The appellant filed an appeal and requested the annulment of the judgment and referral back.
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 (partly attempted), multiple forgery of documents, multiple achieving false certification, and unfaithful business management. The sentence was three years of imprisonment, of which 18 months were suspended for a probation period of two years. The Federal Court rejected an appeal from A.________ against this judgment on August 20, 2025, as far as it was admissible. On October 9, 2025, A.________ requested the revision of this judgment of 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 river. SWICA Versicherungen AG granted him monthly benefits of CHF 3,091.39 for care and home assistance starting from October 2022. The Insurance Court of the Canton of Solothurn increased this amount to CHF 7,455.26, after which SWICA filed an appeal. It requested a reduction of benefits to CHF 7,288.50 and opposed the qualification of certain care actions as medical care.
Complete summary of the judgment can be found in the portal.
5A_210/2025: Judgment regarding a recognition claim for a mortgage note receivable
Summary of the Facts
Bank B.________ AG granted D.________ AG a mortgage loan of CHF 3.9 million in 2017 to finance a property purchase. To secure the loan, A.________ AG created a registered mortgage note for the same amount against the properties. After D.________ AG fell into arrears, the bank initiated bankruptcy proceedings against both it and A.________ AG for the realization of the real estate collateral. A.________ AG filed an objection and disputed the formal validity of the security transfer and the admissibility of a corporate intercession. The Commercial Court of the Canton of Zurich ordered A.________ AG to pay the mortgage note amount through a partial judgment. 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 Kosovar 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 competent authorities and the cantonal court of Vaud rejected 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). Since 2020, the divorce proceedings have been pending. Among other things, the custody arrangement, the contact rights, and the amount of maintenance contributions are disputed. The Superior Court of the Canton of Zug examined the requests of both parties in its judgment of June 23, 2025, and made partial amendments.
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, filed an initial application for disability insurance (IV) in 2009 due to complaints such as headaches and dizziness. The IV rejected the claim based on a neurological assessment in 2011. A second application to the IV was made in 2018, with a differentially diagnosed suspected postural orthostatic tachycardia syndrome (POTS) considered in a 2020 report. The IV granted A.________ a full pension from February 2019 and a half pension from October 2020. However, A.________ requested a retroactive revision for the period starting from 2010, which the IV rejected. The lower court (Cour de justice of the Canton of Geneva) decided in favor of the insured, prompting the IV to appeal to the Federal Court.
Complete summary of the judgment can be found in the portal.
9C_599/2025: Question of non-admission due to late filing of appeal
Summary of the Facts
A.________ filed an appeal against the judgment of the Social Insurance Court of the Canton of Zurich dated August 20, 2025, which was served to him on September 24, 2025. However, the appeal was not submitted until October 27, 2025, after the 30-day deadline for legal remedies according to Art. 100 para. 1 BGG had expired.
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 sought access to the complete police reports from two incidents on January 4 and February 18, 2025, which occurred after burglaries at her residence in Geneva. The police denied access to all details, citing the protection of third-party personal data, and instead provided excerpts. Furthermore, the appellant objected to errors and what she deemed a derogatory character of the recorded remarks ("incoherent"). The administrative chamber of the Cour de justice of the Canton of Geneva rejected her appeal against this decision, prompting her to turn to the Federal Court.
Complete summary of the judgment can be found in the portal.
5A_935/2025: Decision on the suspension of proceedings 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 child's return to Romania based on the Hague Convention on the Civil Aspects of International Child Abduction (CArap). Despite the lower court's return order, the child's return has not been carried out due to pending criminal proceedings in Romania against the mother. The father subsequently requested changes to the return requirements and arrangements for personal contact in a separate procedure. However, the president of the child protection chamber of the Court of Appeal 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: Non-admission of an appeal regarding a recusal request
Summary of the Facts
The appellant, a divorced father of a child born in 2015, is appealing against the decision of the Cantonal Court of Basel-Landschaft, which did not admit a recusal request submitted by him. The lower court justified its non-admission by stating that the written judgment in the underlying proceedings is still outstanding and that the appellant can assert the alleged 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 the tax criminal proceedings
Summary of the Facts
The Federal Tax Administration is conducting a criminal procedure due to suspected tax evasion. In the course of the investigations, it requested documents from A.________ Bank Cooperative regarding certain accounts that were sealed after their release. The Tax Administration requested the unsealing, but the Appeals Chamber of the Federal Criminal Court rejected the request due to insufficient substantiation and documentation 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
A.________ SA filed several criminal complaints against B.________ and other parties regarding allegations related to unauthorized stock transactions and other possible crimes such as unfaithful business management and forgery. The Public Prosecutor's Office partially opened a criminal investigation but ordered the non-initiation regarding a criminal complaint against further parties (Criminal Complaint 6). The Superior Court of the Canton of Zurich did not admit the appeal from A.________ SA against this non-initiation due to lack of standing, prompting the appellant to 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 this case, the appellant A.________ complains of an alleged legal delay or denial of justice in the divorce proceedings before the cantonal courts. He also criticizes the rejection of a submission he made and requests a finding of legal delay and the granting of free legal aid. The Federal Court particularly addresses the question of whether there is a legitimate interest in establishing the legal delay.
Complete summary of the judgment can be found in the portal.
2C_653/2025: State liability and free legal aid
Summary of the Facts
A.________ applied to the Finance Directorate of the Canton of Zurich for free legal aid in connection with state liability claims. The Finance Directorate rejected the application, as the preliminary procedure for state liability requests is usually free of charge and the endeavor seemed 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 made only by regular mail without proof. 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 ruling on 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 regarding the procedural prerequisite in the area of disability insurance
Summary of the Facts
The appellant is appealing against a judgment of the Social Insurance Court of the Canton of Zurich, which rejected his claim for a disability pension. The cantonal court relied on a medical report that concluded the appellant was substantially capable of working in an adjusted activity. The appellant did not present a substantiated reasoning in his appeal to the Federal Court but merely repeated his perspective on his own incapacity to 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 to determine her residence. The Child and Adult Protection Authority (KESB) had previously assigned factual custody to the father and ordered a supervised visitation right for the mother. After the KESB denied the return placement request, the Child and Adult Protection Court of the Bern Superior Court dismissed the appeal filed against this, as far as it addressed the case.
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 employed at the Office cantonal des véhicules (OCV) in Geneva since 2012, was immediately dismissed by the Conseil d'État of the Canton of Geneva due to inappropriate behavior, particularly towards a colleague. In response to the affected person's appeal, the administrative chamber of the Cour de justice confirmed this decision, as the accusations were deemed sufficiently substantiated and the dismissal 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 place in the area of 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 demanded the removal of the chain and the reconstruction of the previous security 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 appealed this decision to the Federal Court.
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.________ contested 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. This concerned the recovery of supplementary benefits by the cantonal compensation office. A.________ requested not to recognize debt claims from the compensation office amounting to CHF 5,059.30 and CHF 57,893, based on recovery decisions. 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 in connection with his activity as a co-administrator of a financial firm in Switzerland (D.________ SA) and other business activities. He was accused of fraud, unfaithful management, money laundering, false certification, and attempted coercion. The case led to several judicial proceedings, with the last judicial decision of the Federal Court meant to clarify the remaining questions following 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.________ requested the IV office of the Canton of Zurich in 2019 for integration measures and a disability pension. This request was rejected by order dated June 23, 2023, which was confirmed by the Social Insurance Court of the Canton of Zurich (judgment dated March 22, 2024) and the Federal Court (judgment 8C_288/2024 dated October 29, 2024). In a request for revision dated May 7, 2025, the applicant sought to modify the judgment of the Federal Court.
Complete summary of the judgment can be found in the portal.