Latest Judgments of the Federal Court
Here you will find the most current 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 further 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, Fraudulent Commercial Activity, Illegal Social Assistance 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, among other things, for abuse of trust, fraudulent commercial activity, illegal social assistance benefits, and violation of maintenance obligations. He is accused of having misled several individuals through extensive deceptions to obtain money, which he primarily used for gambling. Furthermore, he did not pay maintenance contributions for his son during a period and received social assistance benefits without declaring other income. The previous instances imposed an aggregate prison sentence of three years.
Summary of the Considerations
The appellant complains of a violation of his right to a fair hearing, primarily through the failure to consider his arguments. The Federal Court concludes that the Cantonal Court examined the essential points and that there was no violation of the right to a fair hearing. The Court reviews the appellant's allegations that the evaluation of evidence was arbitrary and that the presumption of innocence was violated. It finds that the previous instance evaluated the evidence in a comprehensive and understandable manner. The appellant disputes the prerequisites of the charge of fraudulent commercial activity. The Court confirms that he committed fraudulent commercial activity through a complex web of deceptions, in connection with intent and repeated frauds. The sentence was determined considering the serious culpability of the appellant, his prior convictions, lack of awareness of wrongdoing, and the duration of the offenses. The severity of the sentence was not excessively harsh and was within the judicial discretion.
Summary of the Dispositive
The Federal Court dismisses the appeal and rejects the request for free legal aid. 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 since April 1, 2012, by the Canton of Valais as a labor inspector and later also as a lawyer. 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 disputed all decisions and took legal action, which ultimately led to the rejection of the complaints by the cantonal court.
Summary of the Considerations
The Federal Court examines the admissibility of the submitted complaint ex officio. Decisions regarding non-educational employment relationships in the public service are only admissible 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 compensation for damages. Parts of the complaint are thus inadmissible. The appellant claims a violation of his right to a fair hearing, especially regarding the documentation of witness statements and missing examination documents. These allegations are insufficiently substantiated and inadmissible regarding the requirements of Art. 106 para. 2 BGG. The appellant criticizes the termination, the warning, and the performance assessment on the grounds of arbitrariness (Art. 9 BV). The Federal Court does not find the application of the cantonal personnel law (in particular 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 substantiation 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 Dispositive
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 submitted a request for revision against the judgment of the Federal Court (4D_112/2025) of August 15, 2025, which the Federal Court did not address due to the lack of payment of the advance costs in the simplified procedure. The revision request was not sufficiently substantiated. A request for free legal aid was submitted, which was also rejected.
Summary of the Considerations
The judgments of the Federal Court are generally final and can only be revised for the reasons conclusively listed in Articles 121 to 123 BGG. Legal documents must refer to revision grounds, contain a clear justification, and demonstrate how the present judgment is legally flawed. The submission of the applicant 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 Articles 121 - 123 BGG. The request for free legal aid was rejected as the revision request was deemed hopeless (Art. 64 para. 1 BGG). Due to the outcome of the proceedings, court costs of CHF 500.– were imposed on the applicant, but no party compensation was granted in favor of the opposing party, as no expenses were incurred for them (Art. 68 para. 3 BGG).
Summary of the Dispositive
The revision request was not addressed, and the request for free legal aid was rejected. Furthermore, 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 an appeal 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 in the amount of CHF 4,188.15 plus interest. With his submission to the Federal Court, the appellant also requested free legal aid.
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 of Automobiles and 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 a controlled abstinence, the application was unsuccessful. A.________ then filed an appeal with the Administrative and Public Law Court of the Canton 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 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 challenged the judgment of the District Court of Weinfelden from June 2, 2025, before the Cantonal Court of Thurgau, which dismissed his appeal on September 30, 2025, as far as it was addressed. With a submission from 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 an appeal. The appellant also submitted a request for free legal aid for the federal court proceedings.
Complete summary of the judgment can be found in the Portal.
5A_1024/2025: Decision on Non-Admission of an Appeal in Civil Matters Related to a Garnishment Announcement
Summary of the Facts
The Swiss Federal Government pursued 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 document 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 proceedings.
Complete summary of the judgment can be found in the Portal.
5A_531/2024: Partial Approval of the Appeal Regarding Maintenance Contributions
Summary of the Facts
The case concerns an appeal against a judgment of the Court of 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, it was only about the amount of maintenance contributions. The appellant (A.A.) contested the judgment of the lower court and argued that he was financially unable to make maintenance payments, offering alternative justifications regarding his income situation.
Complete summary of the judgment can be found in the Portal.
5A_690/2025: Inheritance Dispute Regarding the Accounting Values of an Estate Parcel
Summary of the Facts
The appellant seeks, through an appeal, 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 previous instances had already definitively decided that the agricultural land parcel should be allocated to the respondent as the sole owner at an accounting value of CHF 58,120.--. The appellant had requested a higher valuation of the parcel and a reallocation of the estate in a new proceeding, which was rejected by the previous instances due to res judicata.
Complete summary of the judgment can be found in the Portal.
4D_192/2025: Decision on Non-Admission of Appeal Due to Lack of Advance Payment 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, from October 2, 2025, which had not admitted a complaint against a decision of the District Court of Visp from 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-Admission 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 from 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-admission 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 complaints against representatives of cantonal authorities from St. Gallen, including Councilor B.________ and Cantonal Judge C.________. The Legal Protection Commission of the Cantonal Council refused to grant authorization for the initiation of criminal proceedings. With a subsidiary constitutional complaint, A.________ requested the annulment of the decision and the granting of authorization.
Complete summary of the judgment can be found in the Portal.
7B_1042/2025: Non-Admission of the Appeal
Summary of the Facts
The Cantonal Court of Zurich (III. Criminal Chamber) rejected an appeal from A.________ against a termination order of the District Office of Meilen or partially did not admit 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 Procedure Complaint"
Summary of the Facts
The applicant killed a seven-year-old boy in 2019 and was not criminally convicted due to her insanity, but was confined. The Federal Court confirmed these decisions in the 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 Procedure Complaint". The Federal Court treated this submission as a revision request in the sense of Art. 121 et seq. BGG. Additionally, 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-Admission 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, where the Cantonal Court had not admitted the appeal.
Complete summary of the judgment can be found in the Portal.
7B_326/2025: Referral to the Public Prosecutor Regarding Fraudulent Commercial Activity
Summary of the Facts
The Public Prosecutor of Lucerne had charged two defendants who are alleged to have sold financial products and operated a Ponzi scheme from 2007 to 2017. The Criminal Court of Lucerne convicted the defendants of fraudulent commercial activity, forgery, and other offenses, acquitted them in part, and imposed prison sentences. The Cantonal Court of Lucerne overturned the judgment on appeal and referred the criminal case back to the Public Prosecutor for additional evidence. 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 a previous 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, in their view, it was not a revision lawsuit.
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 in 2023 access to his personal data from the Office of Health and Social Affairs of the Canton of Schwyz (AGS), which stated that it did not possess any further files regarding 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 decision of the Government Council and imposed procedural costs on him. The appellant subsequently filed an appeal with 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 focus is on the order of a curatelle of 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 lacking financial support for her children and poor asset management. There are suspicions regarding the use of addictive substances 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-Admission of an Appeal Due to Denial of Justice, Supervision, Recusal, and Admissibility
Summary of the Facts
The appellant A.________ directed a complaint to the Federal Court against a decision of the Prosecution Chamber of the Canton of St. Gallen from 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 criticized the handling of his right to access the file and the rejection of his request for the appointment of an official legal counsel by the public 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 a criminal appeal against a decision of the Cantonal Court of Zurich. The appeal was submitted late. The appellant submitted a request for the restoration of the appeal deadline, which she justified with medically certified mental illnesses.
Complete summary of the judgment can be found in the Portal.