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 dispositives. For 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 fields.
8C_286/2025: Judgment on Disability Insurance
Summary of the Facts
The appellant A.________, a former caseworker, applied for disability insurance in 2019 due to spinal and shoulder complaints, among other reasons. After medical and professional clarifications, including a psychiatric-orthopedic expert opinion, the IV office of Basel-Stadt rejected the pension claim in 2023, stating that there was no permanent impairment of work ability. The Social Insurance Court of the Canton of Basel-Stadt confirmed this assessment after obtaining a supplementary opinion from an expert. The appellant filed a complaint with the Federal Court, requesting the granting of a quarter pension from February 2020 and a three-quarter pension from August 2022.
Summary of the Considerations
- **E.1:** Principles of review in the procedure of complaints in public law matters. The Federal Court examines the alleged legal defects and only intervenes in the factual findings of the lower court in cases of obvious incorrectness. - **E.2:** The point of contention is whether the cantonal court rightly denied a pension claim from February 2020 based on Art. 28 IVG. - **E.3:** The lower court relied on a comprehensive expert opinion that confirmed the appellant's ability to work in the previous occupation. The Federal Court sees no arbitrariness in the evaluation of the medical records by the cantonal court. - **E.3.2:** The choice of examination methods by the experts is at their discretion; the lower court correctly accepted this approach. - **E.3.3:** The experts addressed differing medical assessments and justified their findings in a comprehensible manner. - **E.3.4:** No violation of federal law by the lower court in denying a pension claim.
Summary of the Dispositive
The complaint was dismissed, and the court costs were imposed on the appellant. The judgment was communicated to the relevant parties.
7B_799/2025: Change of Official Defender
Summary of the Facts
A. The appellant was sentenced to a prison term of four years by the criminal court of the Canton of Geneva. Following his conviction, the appellant requested a change of his official defender. The new appointment took place on June 4, 2025. After the appellant submitted a personal appeal and a further inadequate appeal statement by the new defender, the president of the appeal chamber of the Geneva court decided to replace the defender due to lack of diligence. The appellant contested this decision before the Federal Court, requesting the retention of his defender.
Summary of the Considerations
1. **(E.1)**: The complaint is admissible as it was submitted in a timely manner and pertains to a cantonal final decision. The contested decision could cause an irreparable disadvantage.
2. **(E.2.1)**: The appellant criticizes the assessment of the lower court, which found that the official defender had violated his duties of care.
2. **(E.2.2)**: The Federal Court emphasizes that the right to effective defense must be guaranteed. A change of official defender is only justified if effective defense can no longer be ensured.
2. **(E.2.3)**: The defender's behavior in obtaining court documents only on the last day of the retrieval period does not justify dismissal, as this was neither systematic nor demonstrably detrimental to the defense. The submission of an inadequate appeal statement did not lead to a loss of procedure, as the appellant had previously submitted a valid appeal.
3. **(E.2.4)**: The Federal Court finds that the allegations made are not sufficient to justify the dismissal of the defender. Future violations could, however, be assessed differently.
Summary of the Dispositive
The complaint is upheld, the decision of the lower court is overturned, and the defender receives compensation. Furthermore, no court costs were charged.
1C_679/2024: Access to Official Records of the Child and Adult Protection Authority Schaffhausen; Publicity Principle
Summary of the Facts
A lawyer (appellant) requests access to records of the Child and Adult Protection Authority of the Canton of Schaffhausen (KESB) from 2022, concerning replacement measures and state liability proceedings. The KESB denied access and requested fees for it. The Higher Court of the Canton of Schaffhausen confirmed the denial of access but reduced the fees. The appellant filed a complaint with the Federal Court.
Summary of the Considerations
- **E. 1:** The formal requirements for the admissibility of the complaint are met. - **E. 2:** The complaint can address violations of federal and cantonal constitutional law. Qualified justification requirements apply to violations of fundamental rights. - **E. 3:** The appellant relies on the principle of publicity and the right of access to records according to Art. 47 Para. 3 of the Schaffhausen Cantonal Constitution, which implies a presumption of free access to official records. Confidentiality is only permissible if there are overriding public or private interests. - **E. 4:** The lower court mistakenly equated ongoing proceedings with proceedings where measures decided have not yet been completed. This contradicts the principle that proceedings end with a legally binding decision. The lower court erroneously assumed that a special interest in access is required. The appellant only requests anonymized records, so personal confidentiality interests are not affected. The lower court did not examine specific confidentiality interests and also did not establish that anonymization was not possible. - **E. 5:** The KESB must inform the appellant in advance if significant fees arise for the anonymization. - **E. 6:** The appellant's request to waive the anonymization of his name is denied, as publication must occur in an anonymized manner according to the judgment.
Summary of the Dispositive
The complaint is upheld, and the decisions of the lower court are overturned. The KESB is instructed to reassess, and no court costs are incurred.
7B_956/2025: Non-admittance of a complaint against a non-prosecution order and considerations on standing to appeal
Summary of the Facts
The appellant filed a complaint against a non-prosecution order of the Geneva public prosecutor (dated May 19, 2025) with the Chambre pénale de recours of the Court of Justice of the Republic and Canton of Geneva, which dismissed it in a decision dated August 14, 2025. The appellant filed a complaint in criminal matters before the Federal Court against this decision on September 15, 2025.
Complete summary of the judgment can be found in the Portal.
1C_664/2025: Judgment regarding extradition to Greece and administration of justice
Summary of the Facts
A.________ was arrested by Switzerland based on an arrest warrant from Greece. Greece requests extradition for the enforcement of two prison sentences and for the conduct of a criminal proceeding. The Federal Office of Justice (BJ) approved the extradition. The appellant filed a complaint, which was dismissed by the Federal Criminal Court. The complaint to the Federal Court concerns violations of defense rights as well as issues of limitation and personal presence in the proceedings.
Complete summary of the judgment can be found in the Portal.
6B_431/2024: Judgment regarding qualified disloyal management and claim for damages
Summary of the Facts
The appellant is accused of multiple instances of qualified disloyal management. As an asset manager of B.________ GmbH, he is alleged to have withheld retrocessions from May 2006 to December 2016 without adequately informing customers about their nature, scope, and entitlement. This led to a financial loss of CHF 2,141,259.05 for 54 affected customers. The appellant intended to provide B.________ GmbH with unlawful financial benefits.
Complete summary of the judgment can be found in the Portal.
5A_949/2025: Inadmissibility of the complaint for revision of a judgment regarding debtor notification
Summary of the Facts
A.A.________ requested the revision of a decision of the District Court of Martigny and St-Maurice that ordered a debtor notification and the securing of maintenance payments for B.A.________. The lower court, the Civil Chamber of the Cantonal Court of Valais, dismissed the request for revision as well as the complaint against the decision of the District Court. A.A.________ then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_79/2025: Judgment of the Federal Court on the topic of pornography and rule of law principles
Summary of the Facts
The accused A.________ was acquitted by the criminal court of Geneva on February 19, 2024, of serious pornographic offenses. He received compensation and had to bear the procedural costs himself. On November 27, 2024, the appellate court decided that an appeal by the public prosecutor would be granted and sentenced A.________ for pornography to a fine of 144 daily rates. Additionally, he was imposed a fine of CHF 2,880, and the possibility of appeal was denied. A.________ was also permanently excluded from activities that require regular contact with minors. Numerous pornographic files were found on his computer during a house search.
Complete summary of the judgment can be found in the Portal.
5D_54/2025: Decision on the refusal of free legal aid in a collocation procedure
Summary of the Facts
The appellant A.________, who asserted a claim of CHF 20,751.65 against the bankrupt bank B.________ SA in a collocation procedure, requested free legal aid. The Vice President of the Civil Court of the Canton of Geneva rejected her request on June 23, 2025. The appeal filed against this decision with the Vice President of the Geneva judiciary was also dismissed on September 29, 2025. With a complaint dated November 12, 2025, the appellant approached the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_598/2025: Judgment regarding the unsealing of IT data carriers in a criminal procedure
Summary of the Facts
The Public Prosecutor's Office II of the Canton of Zurich is conducting a criminal proceeding against B.________ for various offenses, including false accusation. In connection with a house search at A.________ in Germany, IT data carriers were seized and transferred to the Swiss authorities. A.________ requested their sealing, after which the public prosecutor requested their unsealing. The coercive measures court discontinued the unsealing procedure because A.________ did not allow himself to be heard within the deadline. A.________ appealed against this decision to the Federal Court, claiming, among other things, a violation of the right to be heard.
Complete summary of the judgment can be found in the Portal.
5A_1053/2025: Decision regarding a complaint against a seizure announcement
Summary of the Facts
The appellant filed a complaint on September 2, 2025, against a seizure announcement from the Appenzeller Mittelland debt collection office dated August 22, 2025, in the context of a debt collection. The Appenzell Outer Rhodes Higher Court, as the lower court, decided not to admit the complaint in a ruling dated November 11, 2025. Against this ruling, the appellant filed a complaint with the Federal Court on December 4, 2025.
Complete summary of the judgment can be found in the Portal.
7B_1273/2025: Inadmissibility of the complaint in a criminal matter
Summary of the Facts
The Federal Court had to deal with the complaint of A.________ against a decision of the single judge of the Criminal Chamber of the Cantonal Court of Valais, which declared the cantonal appeal inadmissible. The appeal concerned an order of the Regional Office for the Bas-Valais, which had ordered a non-prosecution.
Complete summary of the judgment can be found in the Portal.
6B_625/2025: Decision regarding the restoration of a deadline
Summary of the Facts
The appellant, A.A., filed an objection against a penal order dated April 2, 2024, in which he was convicted of forgery and unlawful procurement of a false determination. After withdrawing the objection, the Regional Court Jura bernois-Seeland declared the penal order valid on November 25, 2024. Later, A.A. requested the restoration of the deadline for the objection, which was rejected by both the Regional Court on February 17, 2025, and the cantonal appeals chamber on June 3, 2025. A.A. appealed to the Federal Court against this last decision.
Complete summary of the judgment can be found in the Portal.
7B_616/2025: Decision regarding the appeal against the denial of conditional release from a measure
Summary of the Facts
A.________ was sentenced to three years and six months of imprisonment for several offenses and to a measure under Art. 64 of the Criminal Code. Several requests for conditional release have been denied in the past. In the complaint before the Federal Court, A.________ sought conditional release or alternatively the conversion of the measure.
Complete summary of the judgment can be found in the Portal.
6B_562/2025: Inadmissibility of acquittal and confirmation of conviction
Summary of the Facts
The appellant A.A.________ and C.A.________ were convicted of qualified simple bodily injury and qualified offenses against minors to conditional prison sentences and fines. The lower court confirmed the conviction. A.A.________ filed a complaint and requested his acquittal.
Complete summary of the judgment can be found in the Portal.
5A_1066/2025: Inadmissibility of the complaint in family law matter
Summary of the Facts
The appellant, mother of the child C.________, demands in her complaint before the Federal Court, among other things, the immediate allocation of sole custody, the deprivation of the father's visitation rights, the revocation of guardianship, and the granting of suspensive effect. The Higher Court of the Canton of Aargau had dismissed a corresponding complaint and pointed out the immediate enforceability of the family court's orders, as they serve the best interests of the child. The Federal Court decides that the complaint cannot be admitted, as the requirements according to Art. 93 Para. 1 BGG and Art. 98 BGG are not met, and no sufficient constitutional grievances were raised.
Complete summary of the judgment can be found in the Portal.
5A_921/2025: Decision regarding maintenance contributions for children from a non-marital relationship
Summary of the Facts
The father A.A.________ was ordered by the first-instance court of the Canton of Geneva to pay monthly maintenance contributions for his two children B.A.________ and C.A.________. On appeal, the Chambre civile of the Court of Justice adjusted the father's visitation rights and re-established the maintenance contributions based on a hypothetical income. The father has filed a complaint with the Federal Court against the determination of the hypothetical income and the amount of maintenance contributions, as he considers his actual income to be lower.
Complete summary of the judgment can be found in the Portal.
5A_1099/2025: Non-admittance of a complaint against an interim decision and an order regarding wage garnishment
Summary of the Facts
In the context of wage garnishment, the appellant filed a complaint with the Higher Court of the Canton of Bern and requested, among other things, suspensive effect. By order dated December 9, 2025, the distribution of the garnishment proceeds was stopped, but the request for complete suspension was denied. A subsequent request for dismissal against a judge and a renewed request for suspensive effect were dismissed in a decision dated December 17, 2025. The appellant filed a complaint in civil matters before the Federal Court on December 19, 2025 against this.
Complete summary of the judgment can be found in the Portal.
6B_388/2025: Judgment of the Federal Court on the appeal regarding bodily injury and sexual violence
Summary of the Facts
A.A.________ was convicted in the first instance on June 27, 2024, by the District Court of Vaud for qualified bodily injury, defamation, insult, qualified threats, coercion, and rape. He received a total sentence of 30 months in prison, with 109 days of pre-trial detention counted. Additionally, he was imposed a fine of 60 days at 30 CHF and a fine of 1,000 CHF. Furthermore, his conditional sentence suspension from April 28, 2021, was revoked, he was ordered to pay 6,000 CHF in damages for immaterial harm to the victim, and his expulsion from Switzerland for five years was decided. A.A.________ appealed against this judgment, which was dismissed by the Criminal Court of the Canton of Vaud on January 22, 2025. The appellant, a French citizen residing in Switzerland, claims the right to visit his children and has a problematic history with several criminal convictions, including violence against his previous partner. On April 5, 2023, he had a situation where he violently prevented his new partner from leaving the apartment.
Complete summary of the judgment can be found in the Portal.
7B_1268/2025: Examination of the legality of the extension of pre-trial detention
Summary of the Facts
A.________ is being prosecuted in the Canton of Ticino for multiple offenses, including fraud, embezzlement, and money laundering. He has been in pre-trial detention since his interrogation on August 23, 2024, which has been extended several times. The contested cantonal decision extended the detention until November 22, 2025, which the appellant contests before the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_927/2024: Judgment on the criminal liability for insider information according to Art. 154 FinfraG
Summary of the Facts
A.A.________, former Chief Operating Officer Europe of C.________ AG, was accused of having sold shares of C.________ AG on May 15, 2018, using insider information to avoid a loss of CHF 247,933.56. The lower courts acquitted him of the charge of exploiting insider information according to Art. 154 Para. 1 lit. a FinfraG. The Federal Prosecutor's Office filed a criminal complaint and requested that the respondent be found guilty and punished.
Complete summary of the judgment can be found in the Portal.
9C_521/2025: Judgment regarding tax disputes between a company and the tax administration of the Canton of Geneva
Summary of the Facts
A company that acted as a consultant for a foreign investment fund was reassessed by the tax administration of the Canton of Geneva for the tax periods 2010 to 2013 and imposed with tax claims and fines. The administration found that fees for fund management and service fees were not correctly declared and that a legal construct was created to enable significant tax evasion. The company disputed these findings and presented various pieces of evidence that it believed would refute the allegations.
Complete summary of the judgment can be found in the Portal.
5A_999/2025: Withdrawal of the complaint in a divorce matter
Summary of the Facts
The appellant A.A.________ filed a complaint on November 11, 2025, against a judgment of the Cour d'appel civile des Tribunal cantonal of the Canton of Vaud dated October 9, 2025, regarding the liquidation of the marital property regime. After submitting a supplementary brief on November 13, 2025, she withdrew her complaint with a letter dated November 10, 2025, received by the Federal Court on December 19, 2025.
Complete summary of the judgment can be found in the Portal.
7B_1124/2025: Inadmissibility of the complaint due to late submission
Summary of the Facts
A.________ filed a complaint with the Federal Court against a decision of the Criminal Complaint Chamber of the Cantonal Court of Vaud, which had declared two complaints against orders of dismissal and non-prosecution by the District Attorney of La Côte inadmissible. The complainant also requested free legal aid and a restoration of the deadline.
Complete summary of the judgment can be found in the Portal.
7B_988/2025: Dismissal of the complaint regarding the order of dismissal
Summary of the Facts
The company B.________ SA and A.________ filed a criminal complaint in 2015 for alleged breach of trust, fraud, and disloyal management. They requested an extension of the investigation against the suspects C.________ and D.________ from the central office of the public prosecutor of the Canton of Valais between 2017 and 2021, which they deemed necessary. After several proceedings, the Cantonal Court ordered an extension of the investigation in 2022. Nevertheless, the public prosecutor decided with an order of dismissal in 2025 not to bring charges against C.________ and D.________. The single judge of the Chambre pénale of the Cantonal Court confirmed this dismissal order, against which a complaint was filed with the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_918/2025: Dismissal of the complaint due to withdrawal
Summary of the Facts
The appellant A.________ had filed a complaint against an order of the Cantonal Court of Lucerne dated November 10, 2025. With an undated submission received by the Federal Court on December 23, 2025, he withdrew the complaint.
Complete summary of the judgment can be found in the Portal.
9C_467/2025: Non-admittance of the complaint
Summary of the Facts
A.________ filed a complaint against the judgment of the Cantonal Court of Lucerne (5V 24 123) dated July 14, 2025. The subject of the proceedings was disability insurance. By letter dated November 28, 2025, the complainant withdrew the complaint dated September 1, 2025.
Complete summary of the judgment can be found in the Portal.
5A_406/2025: Delivery of a payment order and timely filing of the legal objection
Summary of the Facts
A.________ initiated debt collection against B.________ for a claim of CHF 162,000. The debt collection office transmitted the payment order to B.________, who timely filed a legal objection, which, however, was not noted on the payment order. This led to the issuance of a bankruptcy warning and later to the cancellation of these measures by the debt collection office. The District Court of St. Gallen annulled this order of the debt collection office; however, the Cantonal Court confirmed the invalidity of the enforcement measures.
Complete summary of the judgment can be found in the Portal.
7B_1097/2025: Decision on the non-admittance of a complaint in the procedure according to Art. 108 BGG
Summary of the Facts
The appellant is contesting a decision of the Higher Court of the Canton of Bern, which rejected the opening of a complaint procedure. The Federal Court examines whether the complaint meets the statutory justification requirements according to Art. 42 BGG and decides on the non-admittance of the complaint as well as the imposition of costs.
Complete summary of the judgment can be found in the Portal.
5A_792/2025: Withdrawal of the complaint in the divorce proceedings (liquidation of the property regime)
Summary of the Facts
A.________ filed a complaint on September 15, 2025, against a decision of the Cour d'appel civile of the Cantonal Court of Vaud dated July 21, 2025, regarding the liquidation of the property regime in connection with divorce proceedings between him and B.________. During the proceedings, the parties entered into a settlement procedure. Following a withdrawal of the complaint on December 18, 2025, the president of the II. Civil Law Division of the Federal Court ordered the case to be removed from the register.
Complete summary of the judgment can be found in the Portal.
5A_1069/2025: Judgment on the imposition of costs in connection with a bankruptcy warning
Summary of the Facts
The A.________ GmbH was pursued for a claim from the tax administration of the Canton of Appenzell amounting to CHF 492.50. After relocating to the Canton of Zug, the debt collection office in Cham issued a bankruptcy warning. The complaint filed against this was dismissed by the Higher Court of the Canton of Zug, II. Appeals Department, as the supervisory authority over debt collection and bankruptcy. Due to willful false assertions, the lower court imposed a decision fee of CHF 500 based on Art. 20a Para. 2 No. 5 SchKG. The A.________ GmbH contested the imposition of costs before the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_398/2025: Inadmissibility of the challenge to the cantonal directive regarding property tax values and imputed rental values
Summary of the Facts
The government of the Canton of Zurich issued a detailed directive on August 28, 2024, for the assessment of properties and the determination of imputed rental values, which is to come into effect in 2026. Three complainants, including the homeowners' association of the Canton of Zurich, criticized the directive as unlawful and approached the Federal Court after a decision of non-admittance by the Administrative Court of the Canton of Zurich to have the directive reviewed on the main issue.
Complete summary of the judgment can be found in the Portal.
5A_508/2025: Distribution of the proceeds from an assignment action according to Art. 260 SchKG
Summary of the Facts
A creditor (A.________) had outstanding claims of CHF 2,693,931.68 in the context of the bankruptcy of B.________ SA. The bankruptcy estate had assigned claims against the company's organs according to Art. 260 SchKG to various creditors, including A.________. In a subsequent legal dispute, the creditor was awarded claims along with interest, which, however, exceeded the original claim and created a surplus. The bankruptcy administration demanded A.________ to return this surplus to the estate.
Complete summary of the judgment can be found in the Portal.