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New Federal Court rulings from 18.12.2025

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 dispositions. For the other 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.

1C_51/2025: Admissibility of a driver's license revocation due to traffic rule violations

Summary of the facts

A.________ was controlled on November 14, 2023, for a traffic offense and imposed a fine based on a penal order from the Public Prosecutor's Office of Graubünden. The Roads Traffic Office of Graubünden subsequently revoked his driver's license based on Art. 16b para. 2 lit. e SVG. A.________ filed a complaint against the driver's license revocation, which was dismissed by the Department of Justice, Security, and Health and later by the Administrative Court of the Canton of Graubünden. A.________ requested the Federal Court to reduce the measure to a one-month driver's license revocation.

Summary of the considerations

E.1: The complaint in public law matters is admissible. E.2: The alleged violation of the right to be heard is rejected, as the lower court examined essential arguments of the complainant and provided sufficient justification. E.3: The alleged incorrect determination of the facts is rejected. The lower court relied correctly 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 restricted visibility of the complainant posed a significant danger to road 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 and complies with federal law due to the significant accumulation of offenses.

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 court decisions have already been made regarding the separation circumstances, 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 precautionary measures in divorce proceedings. The requirements for the Federal Court to examine a violation of constitutional rights (Art. 98 BGG) are explained. The material and temporal jurisdiction as well as the justification requirements are examined and considered generally given. Various substantive points of the contested judgment are evaluated: The calculation of the respondent's income was assessed as not arbitrary, while the failure to consider real estate maintenance costs was found to be partly arbitrary. The decision on procedural costs and party compensations 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 annulled, and referred back for reassessment. The court costs are to be split between the parties and the respondent must pay an amount to the complainant.


1C_374/2024: Decision regarding the removal of zoning-violating constructions

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 constructions (including fences, pergolas, wooden posts) were erected without building permits. This led to a series of administrative and court proceedings. The municipal council ordered the removal of these constructions, 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 given, as it is a final cantonal decision in the area of public law. The subject of the dispute is solely the order of the municipal council from June 12, 2023, for the removal of constructions on parcel No. 369. Remarks on other constructions (on parcel No. 373) are inadmissible. The Federal Court reaffirms 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 construction zones makes the approval requirement mandatory, and the erected constructions are obviously zoning-violating. The Federal Court confirms the order for the removal of the constructions as lawful, as there are no substantial 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 constructions was clear. The legal foundations (in particular Art. 34 para. 5 of the Spatial Planning Ordinance and Art. 16a Spatial Planning Act) exclude a permit for these constructions. There is no violation of the principle of proportionality. The interest in enforcing the separation principle outweighs the private interest in retaining the constructions. The activities of the complainants in the agricultural zone are legally classified as leisure agriculture and are not zoning-compliant. However, the principle of property guarantee is still 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 working 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 that he was a victim of human trafficking and also cited health and personal reasons. The previous instances confirmed the denial of the residence permit and the resulting expulsion.


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 long-standing legal dispute that includes both civil and criminal elements. At its core, it concerns the ownership and financial circumstances of the Swiss stock corporation D.________ as well as criminal allegations such as fraud, breach of trust, and money laundering. The complainant claims that he had sole control over the company, while B.________ allegedly used forged documents and unjustified payments to appropriate ownership and assets. The Federal Court addresses two complaints arising from this dispute: one against the judgment of the Chambre pénale d'appel et de révision of the Geneva judiciary of March 27, 2023, and the other against the judgment of the same instance of September 30, 2024, which denies a revision of the former judgment.


5A_811/2025: Decision regarding compliance with deadlines in a complaint against a cantonal decision in a child protection matter

Summary of the facts

A.________ and B.________ are the parents of the children C.________ and D.________ as well as E.________. Due to 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 alleged missed deadlines. A.________ then turned to the Federal Court.


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 compensation claim. A ban on activity was waived, but a violation of the acceleration requirement was established. The complainant filed a complaint and requested the annulment of the judgment and the referral back.


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 (partly attempted), multiple forgery, multiple achievement of false certification, and breach of fiduciary duty. The sentence was three years of imprisonment, of which 18 months were suspended for a probation period of two years. The Federal Court dismissed a complaint from A.________ against this judgment on August 20, 2025, as far as it was admitted. On October 9, 2025, A.________ requested the revision of this judgment of the Federal Court based on several reasons according to Articles 121 and 123 BGG.


8C_626/2024: Judgment regarding care services in accident insurance

Summary of the facts

A.________ suffered complete tetraplegia on July 7, 2020, from a dive into the Aare. SWICA Versicherungen AG granted him monthly benefits of CHF 3,091.39 for care and home help from October 2022. The Insurance Court of the Canton of Solothurn increased this amount to CHF 7,455.26, after which SWICA filed a complaint. They requested a reduction of the benefits to CHF 7,288.50 and opposed the qualification of certain care actions as medical care.


5A_210/2025: Judgment on a recognition action 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 established a registered mortgage for the same amount on the properties. After D.________ AG fell into default, the bank initiated bankruptcy proceedings against both D.________ AG and A.________ AG for the realization of the collateral. A.________ AG filed an objection 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 to pay the mortgage amount through a partial judgment. A.________ AG appealed to the Federal Court against this decision.


2C_414/2025: Permit under the Free Movement Agreement

Summary of the facts

A Kosovar national, A.________, applied for a permit under the Free Movement Agreement (FZA) to live with his Romanian wife residing in Switzerland. He was sentenced to imprisonment due to offenses in Switzerland and Bulgaria, including serious drug offenses, and was incarcerated until 2020. The competent authorities and the cantonal court of Vaud rejected the application as the man was still considered a threat to public order and security.


5A_591/2025: Judgment regarding precautionary 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). The divorce proceedings have been pending since 2020. 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 of June 23, 2025, and partially modified them.


9C_358/2024: Approval of IV pension requirements

Summary of the facts

A.________, born in 1970, submitted 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 expert report in 2011. A second application to the IV was made in 2018, during which 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 in 2010, which the IV refused. The lower instance (Cour de justice des Kantons de Genève) decided in favor of the insured, prompting the IV to appeal to the Federal Court.


9C_599/2025: Question of inadmissibility due to late submission 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 30-day deadline for legal remedies according to Art. 100 para. 1 BGG had expired.


1C_651/2025: Access to police data and their correction

Summary of the facts

The complainant requested access to the complete police records of two incidents that took place on January 4 and February 18, 2025, following break-ins at her residence in Geneva. The police denied access to all details, citing the protection of personal data of third parties, and instead provided extracts. Furthermore, the complainant objected to errors and what she perceived as derogatory characterizations of recorded statements ("incoherent"). The administrative chamber of the Cour de justice of the Canton of Geneva rejected her complaint against this ruling, prompting her to appeal to the Federal Court.


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 to Switzerland with the child, 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 lower court's return order, the child's return has not yet been executed due to pending criminal proceedings in Romania against the mother. The father subsequently requested changes to the return guidelines and arrangements for personal contact in a separate proceeding. However, the President of the Child Protection Chamber of the Court of Appeal of the Canton of Ticino ordered the suspension of both proceedings, which the father contested before the Federal Court.


5A_1023/2025: Inadmissibility of a complaint regarding a request for disqualification

Summary of the facts

The complainant, a divorced father of a child born in 2015, is appealing against the decision of the Cantonal Court of Basel-Landschaft, which did not consider a disqualification request submitted by him. The lower court justified its inadmissibility by stating that the written judgment in the underlying proceedings was still pending and that the complainant could assert the alleged procedural errors in a complaint against the reasoned judgment.


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 proceeding regarding the suspicion of tax evasion of withholding taxes. In the course of the investigations, it requested documents from A.________ Bank Cooperative concerning certain accounts, which were sealed after their submission. The tax administration requested unsealing, but the complaint chamber of the Federal Criminal Court rejected the request due to insufficient explanation and substantiation of the relevant evidence and ordered the return of the documents. The tax administration appealed to the Federal Court.


7B_1001/2024: Complaint regarding the refusal to initiate a criminal proceeding and lack of standing

Summary of the facts

A.________ SA filed several criminal complaints against B.________ and other parties due to allegations related to unauthorized stock transactions and other possible crimes such as breach of fiduciary duty and forgery. The public prosecutor partially opened a criminal investigation but ordered the refusal to initiate regarding a criminal complaint against additional participants (criminal complaint 6). The Higher Court of the Canton of Zurich did not consider the complaint of A.________ SA against this refusal to initiate due to a lack of standing, prompting the complainant to appeal to the Federal Court in criminal matters.


5A_706/2025: Divorce proceedings regarding delay of justice

Summary of the facts

In this case, the complainant A.________ contests an alleged delay of justice or refusal of justice in the divorce proceedings before the cantonal courts. He also criticizes the referral of a statement he submitted and demands the recognition of a delay of justice and the granting of legal aid. The Federal Court is particularly concerned with the question of whether there is a legitimate interest in establishing the delay of justice.


2C_653/2025: State liability and legal aid

Summary of the facts

A.________ applied to the Department of Finance of the Canton of Zurich for legal aid in connection with state liability claims. The Department of Finance rejected the application, stating that the preliminary proceedings for state liability claims are usually free of charge and the endeavor appeared obviously hopeless. Subsequently, the government council of the Canton of Zurich rejected an appeal, and the Administrative Court of the Canton of Zurich confirmed this decision. A.________ then filed a complaint with the Federal Court.


1C_724/2025: Inadmissibility of the complaint against the revocation of the driver's license

Summary of the facts

The cantonal Roads Traffic Office of the Canton of Geneva revoked A.________'s driver's license for three months with a 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 only occurred via regular mail without proof. The Tribunal administratif de première instance (TAPI) declared the complaint inadmissible with a decision dated November 21, 2024. The complaint to the Chambre administrative of the Cour de justice Geneva was also dismissed by judgment on November 4, 2025. A.________ filed a complaint with the Federal Court on November 20, 2025.


9C_611/2025: Judgment on the procedural requirement in the area of disability insurance

Summary of the facts

The complainant is contesting 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 expert report stating that the complainant was substantially capable of working in an adapted occupation. The complainant did not provide a substantiated justification in his appeal to the Federal Court but merely repeated his view on his own incapacity to work.


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 residency. The KESB had previously assigned de facto custody to the father and ordered a supervised visitation right for the mother. After the KESB rejected the request for return, the Child and Adult Protection Court of the Higher Court of Bern dismissed the complaint raised against it, as far as it was admitted.


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 without notice by the Conseil d'État of the Canton of Geneva due to inappropriate behavior, particularly towards a female colleague. In response to the affected individual's complaint, the administrative chamber of the Cour de justice confirmed this decision, as the allegations were deemed sufficiently substantiated and the dismissal was considered proportionate.


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 and demanded 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 fully rejected the complaint. They appealed against this decision to the Federal Court.


8C_293/2025: Decision on the admissibility of a refusal to acknowledge debt

Summary of the facts

The complainant A.________ contested the non-admission of a so-called "refusal to acknowledge debt" under 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 acknowledge debt claims of 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 request.


6B_638/2023: Decision regarding offenses and cost consequences

Summary of the facts

This case concerns A.________, who was convicted of various offenses in connection with his activity as a co-administrator of a finance company in Switzerland (D.________ SA) and other business activities. He was accused of fraud, unfaithful management, money laundering, forgery, and attempted coercion. The case led to several court proceedings, with the last court decision of the Federal Court clarifying the remaining questions after a referral by the Federal Court. The Federal Court had to decide on the appropriateness of the penalty, the cost distribution, and the legal assessment of the individual offenses.


8F_10/2025: Judgment regarding the 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 integration measures and a disability pension. This request was denied by decision dated June 23, 2023, which was confirmed by the Social Insurance Court of the Canton of Zurich (judgment of March 22, 2024) and the Federal Court (judgment 8C_288/2024 of October 29, 2024). With a revision request dated May 7, 2025, the applicant demanded the modification of the judgment of the Federal Court.