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 dispositions. For the other judgments, you will find a summary of the facts. The complete summaries of all judgments are available in the portal of Lexplorer. There, you can configure your newsletter and receive the latest judgments tailored to your fields of law.
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 imposed a fine based on a penal order from the Public Prosecutor's Office of Graubünden. The Graubünden Road Traffic Office subsequently revoked his driver's license based on Art. 16b para. 2 lit. e SVG. A.________ filed a complaint against the revocation of his 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 complaint in public law matters is admissible. E.2: The raised objection regarding a violation of the right to be heard is dismissed, as the lower court examined essential arguments of the complainant and provided sufficient reasoning. E.3: The alleged incorrect determination of facts is rejected. The lower court correctly relied on the facts of the accepted penal 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 complainant posed a significant danger to traffic 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 after the relevant accumulation of offenses and is in accordance with federal law.
Summary of the Disposition
The Federal Court dismissed the complaint and imposed the court costs on the complainant.
5A_740/2024: Measures of marriage protection: Maintenance contribution
Summary of the Facts
The parties, who have been married since 1987, have been living separately since 2018. Various judicial decisions regarding the separation arrangements have already been made, including a ratified convention on protective measures. In a submission dated December 21, 2022, the complainant requested a monthly maintenance payment of CHF 13,000 retroactively from March 1, 2022, from the first instance court. The respondent 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 complaint is directed against a cantonal decision on provisional measures in divorce proceedings. The conditions 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 considered to be generally given. Various substantive points of the contested judgment are reviewed: The calculation of the respondent's income was deemed non-arbitrary, while the non-consideration of real estate maintenance costs was partially found to be 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 complaint. The complaint is partially upheld, and the future maintenance arrangement must be reassessed.
Summary of the Disposition
The complaint 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 distributed among the parties, and the respondent must pay an amount to the complainant.
1C_374/2024: Decision on the removal of zoning-violating structures
Summary of the Facts
The complainants, 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 a building permit. This led to a series of administrative and judicial 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 complaint and considers it generally to be given, as it is a final cantonal decision in the area of public law. The object of the dispute is solely the order of the municipal council dated 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 emphasizes that construction projects in an agricultural zone require a building permit and that the questioned constructions do not fall under the exception article for garden equipment. The location outside the building zones makes the permit requirement mandatory, and the erected 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 obtaining a separate remediation permit was correctly applied by the administrative court, as the illegality of the structures was clear. The legal foundations (notably Art. 34 para. 5 of the Spatial Planning Ordinance and Art. 16a Spatial Planning Act) exclude 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 complainants in the agricultural zone are legally classified as leisure agriculture and are not zoning-compliant. Nonetheless, the principle of property guarantee is respected, as restrictions in the public interest are justified.
Summary of the Disposition
The complaint is dismissed, and the court costs are imposed on the complainants.
2C_82/2023: Judgment regarding the non-renewal of the residence permit and expulsion of a Philippine national
Summary of the Facts
The complainant, a Philippine national, had been employed as a domestic worker in Switzerland since 2011. His residence permit was initially tied to a specific employment relationship. After losing his job in 2016 and receiving social assistance, the extension of the permit was denied by the cantonal authorities. The complainant claimed to be a victim of human trafficking and further cited health and personal reasons. The lower courts confirmed the denial of the residence permit and the resulting expulsion.
The complete summary of the judgment can be found in the portal.
6B_649/2023: Decision on the complaint against two judgments of the Geneva judiciary
Summary of the Facts
The complainant A.________ and the respondent B.________ are involved in a prolonged legal dispute that includes both civil and criminal elements. At its core, it concerns the ownership and economic circumstances of the Swiss corporation D.________, as well as criminal allegations such as fraud, breach of trust, and money laundering. The complainant asserts that he had sole control over the company, while B.________ allegedly used forged documents and unjustified payments to appropriate property and funds. The Federal Court addresses two complaints arising from this dispute: one against the judgment of the Chamber of Appeals and Revision of the Geneva judiciary dated March 27, 2023, and the other against the judgment of the same instance dated September 30, 2024, which rejects a revision of the former judgment.
The complete summary of the judgment can be found in the portal.
5A_811/2025: Decision regarding the observance of deadlines in a complaint against a cantonal decision in a child protection case
Summary of the Facts
A.________ and B.________ are the parents of children C.________ and D.________ as well as E.________. Following a doctor's signal, a procedure was initiated before the Tribunal de protection de l'adulte et de l'enfant of the Canton of Geneva (TPAE). This ordered, among other things, the continuation of the placement decision and further measures for child protection. A.________ filed a complaint 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 an alleged missed deadline. A.________ subsequently approached the Federal Court.
The complete summary of the judgment can be found in the portal.
6B_371/2025: Judgment on the disposal of seized assets and multiple qualified breach of fiduciary duty
Summary of the Facts
The Cantonal Court of Lucerne sentenced the complainant in the second instance to a partially suspended prison sentence of 2 years and 6 months, a conditional fine, and ordered a compensatory claim. A prohibition on activity was waived, but a violation of the requirement for expeditious proceedings was found. The complainant filed a complaint and requested the annulment of the judgment and referral.
The complete summary of the judgment can be found in the portal.
6F_36/2025: Inadmissibility of the revision request
Summary of the Facts
The lower court, the Corte di appello e di revisione penale (CARP) in the Canton of Ticino, sentenced the complainant A.________ on August 21, 2024, for professional fraud (partially attempted), multiple forgery of documents, multiple obtaining false certification, and breach of fiduciary duty. The sentence amounted to three years of imprisonment, of which 18 months were suspended on probation for a period of two years. The Federal Court dismissed a complaint 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 from the Federal Court based on several grounds according to Articles 121 and 123 BGG.
The 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 a complete tetraplegia from a head dive into the Aare on July 7, 2020. SWICA Versicherungen AG granted him monthly benefits of CHF 3,091.39 for care and home assistance starting in October 2022. The Insurance Court of the Canton of Solothurn increased this amount to CHF 7,455.26, upon which SWICA filed a complaint. They requested a reduction of the benefits to CHF 7,288.50 and contested the qualification of certain care actions as medical care.
The complete summary of the judgment can be found in the portal.
5A_210/2025: Judgment on a recognition lawsuit for a mortgage claim
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. Following payment default by D.________ AG, the bank initiated bankruptcy proceedings against both D.________ AG and A.________ AG for the liquidation of the collateral. A.________ AG raised legal objections and disputed the formal validity of the security transfer and the admissibility of a corporate intervention. The Commercial Court of the Canton of Zurich ordered A.________ AG with a partial judgment to pay the mortgage amount. A.________ AG appealed this decision to the Federal Court.
The 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 Kosovo national, A.________, applied for a permit under the Free Movement Agreement (FZA) to live with his Romanian wife residing in Switzerland. He had been convicted of offenses in Switzerland and Bulgaria, including serious drug offenses, and was incarcerated until 2020. The competent authorities and the Cantonal Tribunal of Vaud rejected the application, as the man was still considered a threat to public order and safety.
The complete summary of the judgment can be found in the portal.
5A_591/2025: Judgment regarding provisional measures in divorce proceedings (maintenance and child matters)
Summary of the Facts
The complainant (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, contact rights, and the amount of maintenance contributions are disputed. The Higher Court of the Canton of Zug examined the requests of both parties in its judgment dated June 23, 2025, and partially amended them.
The 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, made an initial application to the disability insurance (IV) in 2009 due to complaints such as headaches and dizziness. The IV rejected the claim based on a neurological report in 2011. A second application to the IV took place in 2018, where a differentially diagnosed suspected postural orthostatic tachycardia syndrome (POTS) was considered in a report from 2020. The IV granted A.________ a full pension from February 2019 and a half pension from October 2020. However, A.________ demanded a retroactive revision for the period starting from 2010, which the IV rejected. The lower court (Cour de justice des Kantons de Genève) decided in favor of the insured, whereupon the IV appealed to the Federal Court.
The complete summary of the judgment can be found in the portal.
9C_599/2025: Question of inadmissibility due to late filing of the complaint
Summary of the Facts
A.________ filed a complaint 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 complaint was only submitted on October 27, 2025, after the expiration of the 30-day appeal period according to Art. 100 para. 1 BGG.
The complete summary of the judgment can be found in the portal.
1C_651/2025: Access to police data and its correction
Summary of the Facts
The complainant requested access to the complete police records of two incidents that occurred on January 4 and February 18, 2025, following burglaries at her residence in Geneva. The police denied access to all details citing the protection of personal data of third parties and instead provided excerpts. Furthermore, the complainant objected to errors and a perceived derogatory character of the recorded statements ("incoherent"). The Administrative Chamber of the Cour de justice of the Canton of Geneva dismissed her complaint against this decision, prompting her to appeal to the Federal Court.
The 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. After the mother moved with the child to Switzerland, the father requested the return of the child to Romania based on the Hague Convention on the Civil Aspects of International Child Abduction (CArap). Despite the return order from the lower court, the return of the child has not yet been executed due to pending criminal proceedings in Romania against the mother. The father subsequently requested changes to the return provisions and arrangements for personal contact in a separate procedure. However, the president of the Child Protection Chamber of the Appeals Court of the Canton of Ticino ordered the suspension of both proceedings, which the father challenged before the Federal Court.
The complete summary of the judgment can be found in the portal.
5A_1023/2025: Inadmissibility of a complaint regarding a recusal request
Summary of the Facts
The complainant, a divorced father of a child born in 2015, files a complaint against the decision of the Cantonal Court of Basel-Landschaft, which did not admit a recusal request he submitted. The lower court reasoned its inadmissibility by stating that the written judgment in the underlying procedure was still pending and that the complainant could assert the alleged procedural errors in a complaint against the reasoned judgment.
The complete summary of the judgment can be found in the portal.
7B_845/2023: Decision on the unsealing of evidence in tax criminal proceedings
Summary of the Facts
The Federal Tax Administration is conducting a criminal investigation due to suspected evasion of withholding taxes. As part of the investigations, it requested documents from A.________ Bank Cooperative regarding certain accounts, which were sealed after being submitted. The Tax Administration applied for unsealing, but the complaint chamber of the Federal Criminal Court dismissed 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.
The complete summary of the judgment can be found in the portal.
7B_1001/2024: Complaint 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 breach of fiduciary duty and forgery. The Public Prosecutor's Office partially opened a criminal investigation but ordered the non-initiation regarding a criminal complaint against other parties (criminal complaint 6). The Supreme Court of the Canton of Zurich did not admit the complaint of A.________ SA against this non-initiation due to lack of standing, leading the complainant to file a complaint in criminal matters with the Federal Court.
The complete summary of the judgment can be found in the portal.
5A_706/2025: Divorce proceedings concerning delay in legal proceedings
Summary of the Facts
In the present case, the complainant A.________ complains about an alleged delay or refusal of justice in the divorce proceedings before the cantonal courts. He also criticizes the referral of a submission he made and requests the establishment of a delay in legal proceedings and the grant of free legal assistance. The Federal Court particularly addresses whether there is a legitimate interest in establishing the delay in legal proceedings.
The complete summary of the judgment can be found in the portal.
2C_653/2025: State liability and free legal assistance
Summary of the Facts
A.________ applied to the Department of Finance of the Canton of Zurich for free legal assistance in connection with state liability claims. The Department of Finance rejected the request, stating that the preliminary proceedings for state liability requests are usually free of charge and the endeavor appeared evidently hopeless. Subsequently, the Government Council of the Canton of Zurich dismissed an appeal, and the Administrative Court of the Canton of Zurich upheld this decision. A.________ then filed a complaint before the Federal Court.
The complete summary of the judgment can be found in the portal.
1C_724/2025: Inadmissibility of the complaint 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 decision dated August 21, 2024. An alleged date of filing the complaint on September 2, 2024, could not be proven, as the submission of the complaint was only made by normal mail without proof. The Tribunal administratif de première instance (TAPI) declared the complaint inadmissible by decision dated November 21, 2024. The complaint to the Administrative Chamber of the Cour de justice Geneva was also dismissed by judgment dated November 4, 2025. A.________ filed a complaint with the Federal Court on November 20, 2025.
The complete summary of the judgment can be found in the portal.
9C_611/2025: Judgment on the procedural requirements in the field of disability insurance
Summary of the Facts
The complainant appeals 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 found the complainant to be substantially capable of working in an adapted activity. The complainant did not present a substantiated justification in his complaint before the Federal Court but merely repeated his view on his own disability.
The complete summary of the judgment can be found in the portal.
5A_1026/2025: Judgment regarding the return of a child and child protection measures
Summary of the Facts
The complainant (mother) requested the return of her daughter (born 2017) and the restoration of the right to determine residence. The KESB had previously assigned actual custody to the father and ordered supervised visitation rights for the mother. After the KESB rejected the return request, the Child and Adult Protection Court of the Bern Supreme Court dismissed the appeal filed against this decision, as far as it considered it.
The complete summary of the judgment can be found in the portal.
1C_172/2025: Inadmissibility of the complaint 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 dismissed immediately by the Conseil d'État of the Canton of Geneva due to inappropriate behavior, particularly towards a colleague. In response to the affected individual's complaint, the Administrative Chamber of the Cour de justice confirmed this decision, as the allegations were considered sufficiently substantiated and the dismissal was deemed proportionate.
The complete summary of the judgment can be found in the portal.
1C_435/2025: Dismissal of the complaint in public law matters
Summary of the Facts
The closure of a space on a cantonal road by fixed posts and a chain was ordered by the Centro di manutenzione of the Canton of Ticino. The complainants (A.________, B.________, and C.________) initially opposed this measure, requesting the removal of the chain and the reconstruction of the previous protection with white and black posts. Both the government council and the administrative court of the Canton of Ticino partially or completely rejected the complaint. They appealed against this decision to the Federal Court.
The 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 complainant A.________ opposed the non-admission of a so-called "refusal to acknowledge debt" according to Art. 83 para. 2 SchKG by the Tribunal der Versicherungen of the Canton of Ticino. It 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 application.
The complete summary of the judgment can be found in the portal.
6B_638/2023: Decision regarding crimes and cost consequences
Summary of the Facts
This case concerns A.________, who was convicted of various offenses in connection with his role as a co-administrator of a financial firm in Switzerland (D.________ SA) and other business activities. He was accused of fraud, breach of fiduciary duty, money laundering, false certification, and attempted coercion. The case led to several judicial proceedings, with the last judicial decision of the Federal Court aimed at clarifying the remaining questions after a referral by the Federal Court. The Federal Court had to decide on the appropriateness of the penalty, the distribution of costs, and the legal assessment of the individual offenses.
The complete summary of the judgment can be found in the portal.
8F_10/2025: Judgment regarding a revision request in a disability insurance case
Summary of the Facts
The applicant A.________ requested the IV office of the Canton of Zurich in 2019 for reintegration measures and a disability pension. This request was rejected by decision 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). With a revision request dated May 7, 2025, the applicant sought to amend the judgment of the Federal Court.
The complete summary of the judgment can be found in the portal.