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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 with 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 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 Assistance Benefits, and Violation of Maintenance Obligations

Summary of Facts

The complainant 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 assistance benefits, and violation of maintenance obligations. He is accused of misleading several people through extensive deceptions to obtain money, which he mainly used for gambling. Furthermore, he did not pay maintenance contributions for his son during a period and received social assistance without declaring other income. The lower courts imposed a total prison sentence of three years.

Summary of Considerations

The complainant argues a violation of his right to be heard, mainly due to the disregard of his arguments. The Federal Court concludes that the Cantonal Court examined the essential points and that there is no violation of the right to be heard. The Court assesses the complainant's allegations that the evaluation of evidence was arbitrary and that the presumption of innocence was violated. It is established that the lower court evaluated the evidence in a comprehensible manner and in the overall context. The complainant denies the requirements of the charge of professional fraud. The Court confirms that he committed professional fraud through a complex web of deceptions, in connection with intent and repeated frauds. The sentence was determined taking into account the seriousness of the complainant's guilt, his prior convictions, his lack of awareness of wrongdoing, and the duration of the offenses. The severity of the sentence was not excessively harsh and was within the judges' discretion.

Summary of Dispositive

The Federal Court dismisses the complaint and denies the request for free legal assistance. The costs are imposed on the complainant.


1C_71/2025: Decision on Contract Adjustment and Termination of Employment in the Public Service

Summary of Facts

The complainant, 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 complainant requested a reassessment of his performance for the year 2020, which was denied. The complainant contested all decisions and took legal action, which ultimately led to the dismissal of the complaints by the cantonal court.

Summary of 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 permissible under specific conditions (Art. 83 lit. g and Art. 85 para. 1 BGG). The complainant 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 therefore inadmissible. The complainant claims a violation of his right to be heard, particularly concerning 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 complainant 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 (in particular Art. 30 para. 1 and 58 LcPers as well as Art. 20 LcPers) by the cantonal court as arbitrary. The complainant 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 not sufficiently substantiated and therefore inadmissible.

Summary of Dispositive

The Federal Court rejected the complaint as far as it was admissible, imposed court costs on the complainant, and granted no party compensation.


4F_38/2025: Revision of a Federal Court Judgment

Summary of 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 request for revision was not sufficiently justified. A request for free legal assistance was also submitted, which was likewise rejected.

Summary of Considerations

Judgments of the Federal Court are generally final and can only be revised for the reasons listed exhaustively in Art. 121 to Art. 123 BGG. Legal submissions must relate to grounds for revision, contain a clear justification, and explain in what way the present judgment is legally flawed. The applicant's submission clearly did not meet these requirements. The applicant argued that he does not accept the judgment but did not address a specific ground for revision. The objection to the costs and a general rejection of the claims also did not provide a basis for a revision under Art. 121 - Art. 123 BGG. The request for free legal assistance was rejected since the request for revision 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 to the opposing party since no expense had occurred for them (Art. 68 para. 3 BGG).

Summary of Dispositive

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


4D_229/2025: Judgment on Legal Opening

Summary of Facts

The complainant 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 amounting to CHF 4,188.15 plus interest. In his submission to the Federal Court, the complainant also requested free legal assistance.


1C_656/2025: Inadmissibility of the Complaint Against the Return of the Driver's License

Summary of Facts

A.________ applied to the Service des automobiles et de la navigation of the Canton of Vaud for the return of his driver's license after it was indefinitely revoked in 2013. Due to unmet conditions, particularly controlled abstinence, the application was unsuccessful. A.________ then filed a complaint 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.________ claimed that there was a formal denial of justice and a violation of his right to be heard.


4D_213/2025: Decision Regarding Legal Opening

Summary of Facts

The complainant appealed the judgment of the District Court of Weinfelden of June 2, 2025, to the Cantonal Court of Thurgau, which dismissed his appeal on September 30, 2025, as far as it took it up. In a submission dated October 28, 2025, the complainant wanted to raise an objection to the Cantonal Court. The Cantonal Court forwarded this submission to the Federal Court, where it was treated as a complaint. The complainant also submitted a request for free legal assistance for the Federal Court proceedings.


5A_1024/2025: Decision Regarding Not Proceeding with a Complaint in Civil Matters Related to a Garnishment Announcement

Summary of Facts

The Swiss Confederation initiated proceedings against the complainant for a claim plus interest and costs. After an unsuccessful complaint against the definitive legal opening and a garnishment announcement, the complainant submitted a submission to the Federal Court, which was received as a complaint in civil matters. He disputed his identity as a debtor, but the issue of identity had already been examined in the legal opening proceedings.


5A_531/2024: Partial Acceptance of the Complaint Regarding Maintenance Contributions

Summary of Facts

The case concerns a complaint against a judgment of the Cour de justice of the Canton of Geneva, which 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 awarded to the mother. Consequently, the dispute only concerned the amount of maintenance contributions. The complainant (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 Accounting Values of an Estate Parcel

Summary of Facts

The complainant requests the annulment of a judgment of the Zurich Cantonal Court, 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 opposing party as sole owner at an accounting value of CHF 58,120.--. The complainant had requested a higher valuation of the parcel and a redistribution of the estate in a new proceeding, which was dismissed by the lower courts due to res judicata.


4D_192/2025: Decision Regarding Non-Admittance of Complaint Due to Lack of Advance Payment and Insufficient Justification

Summary of Facts

The complainant appealed against the decision of the Cantonal Court of the Canton of Valais, I. Civil Law Division, of October 2, 2025, which did not enter into a complaint against a decision of the District Court of Visp of September 22, 2025. The complaint is directed against the definitive legal opening procedure.


7B_1086/2025: Non-Admittance of a Complaint in Criminal Matters

Summary of Facts

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


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

Summary of Facts

The complainant A.________ filed criminal complaints against representatives of cantonal authorities from St. Gallen, including member of the government B.________ and judge C.________. The judicial commission of the cantonal council denied the authorization to open criminal proceedings. With a subsidiary constitutional complaint, A.________ requested the annulment of the resolution and the granting of authorization.


7B_1042/2025: Non-Admittance of the Complaint

Summary of Facts

The Cantonal Court of Zurich (III. Criminal Chamber) dismissed a complaint from A.________ against a discontinuance order from the Statthalteramt District Meilen, or partially did not enter into it. Against this decision, A.________ filed a complaint with the Federal Court.


6F_33/2025: Revision Request and "Fraud Proceedings Complaint"

Summary of Facts

The applicant killed a seven-year-old boy in 2019 and was not criminally convicted due to her insanity but was committed. The Federal Court confirmed these orders in its judgment of January 26, 2023 (6B_1123/2022). In a submission on September 24, 2025, she requested, under the title "Fraud Proceedings Complaint," the annulment of the court decisions and her release from custody. The Federal Court treated this submission as a revision request in accordance with Art. 121 et seq. BGG. Additionally, the applicant demanded the withdrawal of the entire Federal Court and the appointment of a special federal prosecutor.


4D_190/2025: Decision on Non-Admittance in Connection with a Complaint Against Definitive Legal Opening

Summary of Facts

The complainant filed a complaint against a decision of the Cantonal Court of Valais with the Federal Court. The complaint was directed against a 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 Facts

The Public Prosecutor's Office of Lucerne brought charges against two defendants, who allegedly sold financial products and operated a Ponzi scheme between 2007 and 2017. The Criminal Court of Lucerne convicted the defendants of professional fraud, forgery, and other offenses, partly 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 further evidence collection. This referral was contested.


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

Summary of Facts

The parties A.A.________ and B.A.________ requested a retroactive rejection of the judges who participated in an earlier decision of the Federal Court (6B_1365/2022 of June 10, 2024). They resisted the classification of this request as a request for revision and argued that they had not deposited any procedural costs because, in their view, it was not a revision complaint.


1C_569/2025: Judgment Regarding Access to Personal Data

Summary of Facts

The complainant 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 files concerning him. After his repeated submissions went unanswered, A.________ finally filed a complaint with the Regierungsrat 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 Regierungsrat and imposed procedural costs on him. The complainant then filed a complaint with the Federal Court.


5A_920/2025: Withdrawal of Suspensive Effect in Adult Protection Measures (Curatelle)

Summary of Facts

The focus is on the ordering of a curatelle of representation and asset management in favor of the complainant with withdrawal of the suspensive effect. The complainant, mother of seven children, is criticized for lacking financial support for her children and poor asset management. There are suspicions regarding substance abuse and the misappropriation of financial resources. The cantonal authorities assessed her situation as critical and urgent. The complainant requests the restoration of the suspensive effect of her complaint.


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

Summary of Facts

The complainant A.________ filed a complaint with the Federal Court against a decision of the prosecutorial chamber of the Canton of St. Gallen of June 19, 2025. The subject was denial of justice, supervisory issues, the recusal request, and the evidentiary admissibility of an interrogation protocol. The complainant 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 prosecutor.


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

Summary of Facts

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


6F_34/2025: Judgment on a Revision Request in Criminal Proceedings

Summary of 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 penalty to a prior judgment. The Federal Court did not enter into the complaint filed by the applicant against this judgment, which also aimed for a revision. The applicant subsequently filed a revision request and a supplement to contest the judgment of the Federal Court of June 19, 2025.


5F_75/2025: Judgment on Revision Request and Free Legal Assistance

Summary of Facts

The applicant submitted a revision request against the judgment of the Federal Court 5A_879/2025 of October 27, 2025, which had not addressed her submission received as a denial of justice complaint. Additionally, she requested free legal assistance in connection with the revision proceedings.


2C_365/2025: Judgment on Extension of Residence Permit EU/EFTA After Separation and Departure of the Spouse

Summary of 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 denied the extension of A.________'s permit. A.________ appealed against this, but all appeals, including the complaint to the Administrative Court of the Canton of Zurich, were unsuccessful.


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

Summary of Facts

The Federal Court deals with a complaint against an interim decision of the Federal Administrative Court of 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-Admittance Due to Unpaid Advance Costs

Summary of Facts

The complainant A.________ filed a complaint with the Federal Court against the judgment of the Administrative Court of the Canton of Bern regarding police expulsion. He requested a stay of the 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 Regarding Alleged Vindication Claims

Summary of Facts

The complainants A.A.________ and B.A.________ requested free legal assistance for a legal remedy procedure concerning alleged vindication claims before the Cantonal Court of Thurgau. The Cantonal Court rejected 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 payment.


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

Summary of Facts