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New Federal Court rulings from 15.12.2025

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 portal of Lexplorer. 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 for a period and received social assistance benefits without declaring other income. The lower courts imposed an overall prison sentence of three years.

Summary of the Considerations

The appellant complains of a violation of his right to be heard, mainly due to the omission of his arguments. The Federal Court concludes that the Cantonal Court examined the essential points and that there was no violation of the right to be heard. The court reviews the appellant's allegations that the evaluation of evidence was arbitrary and that the presumption of innocence was violated. It is determined that the lower court evaluated the evidence in a coherent context and reasonably. The appellant disputes the requirements of the professional fraud charge. The court confirms that he committed professional fraud through a complex web of deceptions, in conjunction with intent and repeated frauds. The sentence was determined considering the appellant's serious guilt, his previous convictions, his lack of awareness of wrongdoing, and the duration of the offenses. The level of the sentence was not excessively severe and fell within the bounds of judicial discretion.

Summary of the Dispositive

The Federal Court dismisses the appeal and denies 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 the 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 re-evaluation of his performance for the year 2020, which was denied. The appellant contested all decisions and took legal action, which ultimately led to the rejection of his complaints by the cantonal court.

Summary of the Considerations

The Federal Court examines the admissibility of the submitted complaint ex officio. Decisions regarding non-pedagogical employment relationships in the 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 evaluation for the year 2020 but not against the formal warning and new claims such as compensation for damages. Parts of the complaint are therefore inadmissible. The appellant asserts a violation of his right to be heard, particularly regarding the documentation of witness statements and the lack of examination documents. These allegations are not sufficiently substantiated and are inadmissible concerning the requirements of Art. 106 para. 2 BGG. The appellant complains about the termination, the warning, and the performance evaluation on grounds of arbitrariness (Art. 9 BV). The Federal Court does not consider the application of cantonal personnel law (particularly 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 mainly confronts the court with an appellate presentation. The alleged violation of the principle of equal treatment is also insufficiently justified and therefore inadmissible.

Summary of the Dispositive

The Federal Court dismissed the appeal to the extent that it was admissible, imposed 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 made 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 the failure to pay the advance costs in the simplified procedure. The request for revision was not sufficiently substantiated. A request for free legal assistance was submitted, which was also denied.

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 documents must refer to revision reasons, contain a clear justification, and explain in what way the present judgment is legally flawed. The submission of the applicant obviously did not meet these requirements. The applicant argued that he does not accept the judgment but did not address a specific reason for revision. The objection regarding the costs and a general claim rejection did not provide a basis for a revision under Art. 121 - Art. 123 BGG. The request for free legal assistance was rejected as the revision request was deemed 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 granted to the respondent as no expenses were incurred for them (Art. 68 para. 3 BGG).

Summary of the Dispositive

The request for revision was not addressed, and the request for free legal assistance was denied. Additionally, court costs were imposed, but no party compensation was granted.


4D_229/2025: Judgment on Legal Opening

Summary of the Facts

The appellant A.________ filed a complaint against the decision of the Cantonal Court of Zurich, which did not address a complaint regarding the granting of definitive legal opening for a tax claim in the amount of CHF 4,188.15 plus interest. In his submission to the Federal Court, the appellant also implicitly requested the granting of free legal assistance.


1C_656/2025: Inadmissibility of the Appeal Against the Refund of the Driver's License

Summary of the Facts

A.________ requested the return of his driver's license from the Service des automobiles et de la navigation of the Canton of Vaud after it was revoked indefinitely in 2013. Due to unfulfilled conditions, particularly controlled abstinence, the request was unsuccessful. A.________ then filed a complaint with the Administrative and Public Law Court of the Cantonal Court of Vaud, which declared it inadmissible and referred the matter back to the administrative authority. Before the Federal Court, A.________ claimed that there was a formal denial of justice and a violation of the right to be heard.


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 complaint on September 30, 2025, to the extent that it dealt with it. In a submission dated October 28, 2025, the appellant intended to file an objection with the Cantonal Court. The Cantonal Court forwarded this submission to the Federal Court, where it was treated as a complaint. The appellant also submitted a request for free legal assistance for the Federal Court proceedings.


5A_1024/2025: Decision Regarding Non-Entry on a Complaint in Civil Matters Related to a Seizure Announcement

Summary of the Facts

The Swiss Confederation pursued the appellant for a claim plus interest and costs. After an unsuccessful complaint against the definitive legal opening and a seizure announcement, the appellant submitted a filing to the Federal Court, which was accepted as a complaint in civil matters. He disputed his identity as a debtor; however, the issue of identity had already been examined in the legal opening process.


5A_531/2024: Partial Approval of the Appeal Concerning Maintenance Contributions

Summary of the Facts

This case concerns an appeal against a judgment of the Cour de justice of the Canton of Geneva, which has newly regulated the maintenance contributions that a father (A.A.) must 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, the issue 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.


5A_690/2025: Inheritance Dispute Over the Credit Values of an Estate Parcel

Summary of the Facts

The appellant requests by complaint the annulment of a judgment of the Cantonal Court of Zurich, which dealt with an inheritance dispute regarding the valuation and allocation of an estate parcel. The lower courts had already definitively decided that the agricultural land parcel should be assigned to the respondent as the sole owner at a credit value 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.


4D_192/2025: Decision Not to Enter into Appeal Due to Non-Payment of Advance Costs and Insufficient Justification

Summary of the Facts

The appellant filed a complaint against the decision of the Cantonal Court of the Canton of Wallis, I. Civil Law Division, dated October 2, 2025, which had not entered into a complaint against a decision of the District Court of Visp dated September 22, 2025. The complaint is directed against the definitive legal opening process.


7B_1086/2025: Non-Entry into a Criminal Complaint

Summary of the Facts

The appellant A.________ filed a criminal complaint against the decision of the Cantonal Court of Bern dated September 26, 2025. The subject was the dismissal of a request for the reopening of the criminal proceedings against B.________ AG for misappropriation and the non-entry into her cantonal legal remedy, which was decided due to insufficient justification.


1D_18/2025: Authorization for Criminal Prosecution Against Members of Cantonal Authorities

Summary of the Facts

The appellant A.________ submitted criminal charges against representatives of cantonal authorities from St. Gallen, including Government Councilor B.________ and Cantonal Judge C.________. The Legal Commission of the Cantonal Council denied the authorization to initiate criminal proceedings. With a subsidiary constitutional complaint, A.________ requested the annulment of the decision and the granting of authorization.


7B_1042/2025: Non-Entry into the Complaint

Summary of the Facts

The Cantonal Court of Zurich (III. Criminal Chamber) dismissed a complaint from A.________ against a decision of the Statthalteramt District Meilen. A.________ filed a complaint with the Federal Court against this decision.


6F_33/2025: Request for Revision 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 her incapacity. Instead, she was placed in custody. The Federal Court confirmed these decisions in a ruling on January 26, 2023 (6B_1123/2022). In 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 request for revision under Art. 121 et seq. BGG. Furthermore, the applicant requested the recusal of the entire Federal Court and the appointment of a special federal prosecutor.


4D_190/2025: Decision on Non-Entry Related to a Complaint Against the Definitive Legal Opening

Summary of the Facts

The appellant filed a complaint against a decision of the Cantonal Court of Wallis with the Federal Court. The complaint was directed against the decision of the District Court of Visp, where the Cantonal Court had not entered into the complaint.


7B_326/2025: Referral to the Public Prosecutor's Office 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 acquitting them and imposing prison sentences. The Cantonal Court of Lucerne overturned the judgment upon appeal and referred the criminal case back to the Public Prosecutor's Office for further evidence gathering. This referral was contested.


6F_28/2025: Inadmissibility of the Request for Retroactive Recusal of Judges

Summary of the Facts

The parties A.A.________ and B.A.________ requested the retroactive recusal of the judges who participated in an earlier decision of the Federal Court (6B_1365/2022 of June 10, 2024). They objected to this request being classified as a request for revision and argued that they had not deposited any procedural costs because, from their perspective, it was not a revision action.


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 for Health and Social Affairs of the Canton of Schwyz (AGS) in 2023, which stated that it had no further records about him. After his repeated submissions went unanswered, A.________ ultimately filed a complaint 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 Government Council's decision and imposed procedural costs on him. The appellant subsequently filed a complaint with the Federal Court.


5A_920/2025: Withdrawal of Suspensive Effect in an Adult Protection Measure (Guardianship)

Summary of the Facts

The case concerns the order of guardianship for representation and asset management in favor of the appellant, with the withdrawal of the suspensive effect. The appellant, mother of seven children, is criticized for lack of financial support for her children and poor asset management. There are suspicions regarding the consumption of addictive substances and the misappropriation of financial resources. The cantonal authorities assessed her situation as critical and urgent. The appellant requests the restoration of the suspensive effect of her complaint.


7B_841/2025: Non-Entry into a Complaint Due to Denial of Justice, Supervision, Recusal, and Admissibility of Evidence

Summary of the Facts

The appellant A.________ filed a complaint with the Federal Court against a decision of the Prosecution Chamber of the Canton of St. Gallen dated June 19, 2025. The subject involved denial of justice, supervisory issues, the recusal request, and the evidentiary admissibility of an interrogation protocol. The appellant particularly criticized 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.


6B_929/2025: Late Submission of a Complaint and Rejection of a Request for Restoration of Deadline

Summary of the Facts

The appellant A.________ filed a complaint in criminal matters against a decision of the Cantonal Court of Zurich. The complaint was submitted late. The appellant submitted a request for the restoration of the complaint deadline, which she justified with medically certified mental illnesses.


6F_34/2025: Judgment on a Request for Revision 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 with a child according to Art. 187 para. 1 StGB and sentenced to a prison term of 2 years and 5 months, which constitutes an additional sentence to a previous judgment. The Federal Court did not consider the appeal raised against this judgment by the applicant, which also sought a revision. The applicant subsequently submitted a request for revision and a supplement to contest the judgment of the Federal Court dated June 19, 2025.


5F_75/2025: Judgment Regarding Request for Revision 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 had not addressed her submission accepted as a denial of justice complaint. In addition, she requested free legal assistance in connection with the revision proceedings.


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 national, 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 rejected the extension of A.________'s permit. A.________ appealed, but all appeals were unsuccessful, including the complaint to the Administrative Court of the Canton of Zurich.


2C_328/2025: Decision on the Admissibility of Recusal Requests Against Federal Administrative Judges

Summary of the Facts

The Federal Court deals with a complaint against an interim 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 and against the court as a whole. The complainants criticize the independence of the judges based on party affiliation and overall constellations.


1C_624/2025: Non-Entry Due to Non-Payment of Advance Costs

Summary of the Facts

The appellant A.________ filed a complaint with the Federal Court against the judgment of the Administrative Court of the Canton of Bern regarding police exclusion. He requested a stay of proceedings but did not pay the required advance costs according to Art. 62 para. 1 and para. 3 BGG, despite being given a deadline and a grace period.


5A_1030/2025: Free Legal Assistance in 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 dismissed their request due to poverty and the hopelessness of the legal remedy. They appealed against this decision to the Federal Court. They requested the annulment of the decision, the granting of free legal assistance for the cantonal procedure, and the waiver of an advance cost.


7B_1325/2024: Judgment on Multiple Sexual Acts with a Child

Summary of the Facts