Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries with facts, considerations, and dispositive parts. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There you can configure your newsletter and receive the latest rulings 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 the Facts
The appellant A.________ was initially convicted by the Criminal Court of the District 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 having misled several individuals through extensive deceptions to obtain money, which he primarily used for gambling. Furthermore, he failed to provide maintenance payments for his son during a period and received social assistance benefits without declaring other income. The lower courts imposed a total prison sentence of three years.
Summary of the Considerations
The appellant complains of a violation of his right to a fair hearing, primarily 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 a fair hearing. The Court reviews the appellant's allegations that the evaluation of evidence was arbitrary and that the presumption of innocence was violated. It is determined that the lower court assessed the evidence in context and in a comprehensible manner. The appellant disputes the conditions 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 considering the appellant's serious 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 scope of judicial discretion.
Summary of the Dispositive Part
The Federal Court dismisses the appeal and rejects the request for free legal assistance. The costs are imposed on the appellant.
1C_71/2025: Decision on Contract Adjustment and Termination of Employment Relationships in the Public Service
Summary of the Facts
The appellant, A.________, had been employed by the Canton of Valais as a labor inspector and later also 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 appellant requested a reassessment of his performance for the year 2020, which was denied. The appellant contested all decisions and took legal action, which ultimately led to the rejection of his complaints by the cantonal court.
Summary of the Considerations
The Federal Court examines the admissibility of the submitted appeal ex officio. Decisions regarding non-pedagogical employment relationships in the public service are only admissible under specific conditions (Art. 83 lit. g and Art. 85 para. 1 BGG). The appellant can appeal against the termination and the performance evaluation for the year 2020, but not against the formal warning and new claims such as compensation for damages. Parts of the appeal are thus inadmissible. The appellant claims a violation of his right to a fair hearing, particularly regarding the documentation of witness statements and missing examination documents. These allegations are not sufficiently substantiated and are inadmissible regarding the requirements of Art. 106 para. 2 BGG. The appellant contests the termination, the warning, and the performance evaluation 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 and Art. 20 LcPers) by the cantonal court to be arbitrary. The appellant does not meet the qualified justification requirements and primarily confronts the Court with an appellatory presentation. The alleged violation of the principle of equal treatment is also not sufficiently substantiated and therefore inadmissible.
Summary of the Dispositive Part
The Federal Court dismissed the appeal, to the extent that it was admissible, imposed the court costs on the appellant, and granted no party compensation.
4F_38/2025: Revision of a Federal Court Judgment
Summary of the Facts
The applicant filed 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 cost deposit in the simplified procedure. The request for revision was not sufficiently substantiated. A request for free legal assistance was submitted, which was also rejected.
Summary of the Considerations
The judgments of the Federal Court are generally final and can only be revised for the reasons exhaustively listed in Arts. 121 to 123 BGG. Legal documents must relate to revision grounds, contain a clear justification, and show how the present judgment is legally flawed. The applicant's submission evidently did not meet these requirements. The applicant argued that he does not accept the judgment but did not address any specific grounds for revision. The objection to the costs and a general rejection of claims also provided no basis for a revision under Arts. 121 - 123 BGG. The request for free legal assistance was rejected because the revision request was deemed hopeless (Art. 64 para. 1 BGG). Due to the outcome of the proceedings, the applicant was imposed court costs of CHF 500.–, but no party compensation was granted to the opposing party, as no expenses were incurred for them (Art. 68 para. 3 BGG).
Summary of the Dispositive Part
The request for revision was not addressed and the request for free legal assistance was rejected. Additionally, court costs were imposed, but no party compensation was granted.
4D_229/2025: Judgment on Legal Opening
Summary of the Facts
The appellant A.________ filed an appeal against the decision of the Cantonal Court of Zurich, which did not address an appeal regarding the granting of the definitive legal opening for a tax claim amounting to CHF 4,188.15 plus interest. In his submission to the Federal Court, the appellant also requested the granting of free legal assistance.
Complete summary of the judgment can be found in the Portal.
1C_656/2025: Inadmissibility of the Appeal Against the Refund of the Driver's License
Summary of the Facts
A.________ applied to the Service des automobiles et de la navigation of the Canton of Vaud for the refund of his driver's license, which had been revoked indefinitely in 2013. Due to unmet conditions, particularly a controlled abstinence, the application was unsuccessful. A.________ then appealed to 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 refusal of justice and a violation of the right to be heard.
Complete summary of the judgment can be found in the Portal.
4D_213/2025: Decision on Legal Opening
Summary of the Facts
The appellant contested the judgment of the District Court of Weinfelden of June 2, 2025, before the Cantonal Court of Thurgau, which dismissed his appeal on September 30, 2025, to the extent that it was addressed. In a submission dated October 28, 2025, the appellant wanted to file an objection with the Cantonal Court. The Cantonal Court forwarded this submission to the Federal Court, where it was treated as an appeal. The appellant also submitted a request for free legal assistance for the Federal Court proceedings.
Complete summary of the judgment can be found in the Portal.
5A_1024/2025: Decision on Inadmissibility of an Appeal in Civil Matters Related to a Garnishment Announcement
Summary of the Facts
The Swiss Confederation initiated enforcement proceedings against the appellant for a claim plus interest and costs. Following an unsuccessful appeal against the definitive legal opening and a garnishment announcement, the appellant submitted a filing to the Federal Court, which was accepted as an appeal in civil matters. He disputed his identity as a debtor; however, the question of identity had already been examined in the legal opening proceedings.
Complete summary of the judgment can be found in the Portal.
5A_531/2024: Partial Acceptance of the Appeal Regarding Maintenance Payments
Summary of the Facts
The case involves an appeal against a judgment of the Cour de justice of the Canton of Geneva, which re-regulated the maintenance payments that a father (A.A.) has to make for his two children (C.A. and D.A.). The children's parents have been separated since 2016, with sole custody granted to the mother. Subsequently, the matter was only about the amount of maintenance payments. The appellant (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.
Complete summary of the judgment can be found in the Portal.
5A_690/2025: Inheritance Dispute Over the Account Values of an Estate Parcel
Summary of the Facts
The appellant is requesting through appeal the annulment of a judgment of the Cantonal Court of Zurich, which dealt with an inheritance dispute regarding the valuation and allocation of an estate parcel. The lower courts had already definitively decided that the agricultural land parcel should be allocated to the opposing party as sole owner at an account value of CHF 58,120. The appellant had requested a higher valuation of the parcel and a redistribution of the estate in a new procedure, which was rejected by the lower courts due to res judicata.
Complete summary of the judgment can be found in the Portal.
4D_192/2025: Decision on Non-Admission of Appeal Due to Lack of Cost Deposit and Inadequate Justification
Summary of the Facts
The appellant raised an appeal against the decision of the Cantonal Court of the Canton of Valais, I. Civil Law Division, dated October 2, 2025, which did not enter into an appeal against a decision of the District Court of Visp dated September 22, 2025. The appeal relates to the definitive legal opening proceedings.
Complete summary of the judgment can be found in the Portal.
7B_1086/2025: Non-Admission of an Appeal in Criminal Matters
Summary of the Facts
The appellant A.________ filed an appeal in criminal matters against the decision of the Cantonal Court of Bern dated September 26, 2025. The subject of the appeal was the rejection of a request for the reopening of the criminal proceedings against B.________ AG for misappropriation and the non-admission of his cantonal legal remedy, which was decided due to insufficient justification.
Complete summary of the judgment can be found in the Portal.
1D_18/2025: Authorization for Criminal Prosecution Against Members of Cantonal Authorities
Summary of the Facts
The appellant A.________ filed criminal complaints against representatives of cantonal authorities from St. Gallen, including government councilor B.________ and cantonal 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 decision and the granting of the authorization.
Complete summary of the judgment can be found in the Portal.
7B_1042/2025: Non-Admission of the Appeal
Summary of the Facts
The Cantonal Court of Zurich (III. Criminal Chamber) dismissed an appeal by A.________ against a discontinuance order of the District Office of the District of Meilen or did not enter into it in part. Against this decision, A.________ filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
6F_33/2025: Request for Revision and "Fraud Proceedings Appeal"
Summary of the Facts
The applicant killed a seven-year-old boy in 2019 and was not criminally convicted due to her insanity but was committed. The Federal Court confirmed these decisions in its judgment of January 26, 2023 (6B_1123/2022). With a submission dated September 24, 2025, she requested under the title "Fraud Proceedings Appeal" the annulment of court decisions and her release from custody. The Federal Court treated this submission as a request for revision in the sense of Arts. 121 ff. BGG. Additionally, the applicant requested the recusal of the entire Federal Court and the appointment of a special federal prosecutor.
Complete summary of the judgment can be found in the Portal.
4D_190/2025: Decision on Non-Admission Related to an Appeal Against the Definitive Legal Opening
Summary of the Facts
The appellant filed an appeal against a decision of the Cantonal Court of Valais with the Federal Court. The appeal was directed against the decision of the District Court of Visp, where the Cantonal Court did not enter into the appeal.
Complete summary of the judgment can be found in the Portal.
7B_326/2025: Referral to the Public Prosecutor Regarding Professional Fraud
Summary of the Facts
The Public Prosecutor's Office of Lucerne charged 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, partially 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 for the completion of evidence. This referral was contested.
Complete summary of the judgment can be found in the Portal.
6F_28/2025: Inadmissibility of the Request for Retroactive Recusal of Judges
Summary of the Facts
The parties A.A.________ and B.A.________ requested a retroactive recusal of the judges who had participated in an earlier decision of the Federal Court (6B_1365/2022 of June 10, 2024). They objected to this request being classified as a request for revision, arguing that they had not paid procedural costs since it was not a revision lawsuit in their view.
Complete summary of the judgment can be found in the Portal.
1C_569/2025: Judgment Regarding Access to Personal Data
Summary of the Facts
The appellant A.________ requested 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 regarding him. After his repeated submissions went unanswered, A.________ ultimately filed a complaint with the Government Council of the Canton of Schwyz based on the Federal Data Protection Act, which was dismissed. The Administrative Court of the Canton of Schwyz confirmed the decision of the Government Council and imposed procedural costs on him. The appellant then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_920/2025: Withdrawal of Suspensive Effect in an Adult Protection Measure (Curatelle)
Summary of the Facts
The focus is on the order of a curatelle for representation and asset management in favor of the appellant, with the withdrawal of the suspensive effect. The appellant, mother of seven children, is criticized for lacking financial support for her children and poor asset management. There are suspicions regarding substance abuse and the misappropriation of financial means. The cantonal authorities assessed her situation as critical and urgent. The appellant requests the restoration of the suspensive effect of her appeal.
Complete summary of the judgment can be found in the Portal.
7B_841/2025: Non-Admission of an Appeal Due to Refusal of Justice, Supervision, Recusal, and Admissibility of Evidence
Summary of the Facts
The appellant A.________ filed a complaint with the Federal Court against a decision of the Prosecutorial Chamber of the Canton of St. Gallen dated June 19, 2025. The subject was the refusal of justice, supervisory issues, the recusal request, and the evidentiary admissibility of an interrogation protocol. The appellant particularly criticized the handling of his right to access the case files and the rejection of his request for the appointment of an official legal counsel by the prosecutor.
Complete summary of the judgment can be found in the Portal.
6B_929/2025: Late Submission of an Appeal and Rejection of a Request for Restoration of Deadline
Summary of the Facts
The appellant A.________ filed an appeal in criminal matters against a decision of the Cantonal Court of Zurich. The appeal was submitted late. The appellant filed a request for the restoration of the appeal deadline, which she justified with medically certified mental illnesses.
Complete summary of the judgment can be found in the Portal.
6F_34/2025: Judgment on a Request for Revision in Criminal Proceedings
Summary of the Facts
The applicant was convicted by the Cantonal Court of Lucerne on December 6, 2024, for multiple sexual acts with a child under Art. 187 para. 1 StGB and sentenced to a prison term of 2 years and 5 months, which is a supplementary sentence to a previous judgment. The Federal Court did not admit the appeal raised by the applicant against this judgment, which also sought a revision. The applicant subsequently filed a request for revision and a supplement to contest the judgment of the Federal Court of June 19, 2025.
Complete summary of the judgment can be found in the Portal.
5F_75/2025: Judgment on a Request for Revision and Free Legal Assistance
Summary of the Facts
The applicant filed a request for revision against the judgment of the Federal Court 5A_879/2025 of October 27, 2025, which had not entered into her submission received as a complaint of refusal of justice. Furthermore, she requested free legal assistance in connection with the revision proceedings.
Complete summary of the judgment can be found in the Portal.
2C_365/2025: Judgment on the Extension of the Residence Permit EU/EFTA After Separation and Departure of the Spouse
Summary of the Facts
A.________, a citizen of Kosovo, entered Switzerland in 2017 with his Italian wife and received a residence permit under family reunification. His wife initially held a residence permit EU/EFTA for employment purposes. Since January 2023, the spouses have been living separately, and the wife has left Switzerland. In June 2024, the Migration Office of Zurich denied the extension of A.________'s permit. A.________ filed legal remedies against this, all of which failed, including the appeal to the Administrative Court of the Canton of Zurich.
Complete summary of the judgment can be found in the Portal.
2C_328/2025: Decision on the Admissibility of Recusal Requests Against Federal Administrative Judges
Summary of the Facts
The Federal Court is dealing with an appeal 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 as well as against the court as a whole. The appellants criticize the independence of the judges based on party affiliation and overall constellations.
Complete summary of the judgment can be found in the Portal.
1C_624/2025: Non-Admission Due to Non-Payment of Cost Deposit
Summary of the Facts
The appellant A.________ appealed against the judgment of the Administrative Court of the Canton of Bern regarding police removal to the Federal Court. He requested a suspension of the procedure but failed to make the required cost deposit in accordance with Art. 62 para. 1 and para. 3 BGG despite being set a deadline and an extended deadline.
Complete summary of the judgment can be found in the Portal.
5A_1030/2025: Free Legal Assistance in Alleged Vindication Claims
Summary of the Facts
The appellants A.A.________ and B.A.________ requested free legal assistance for a legal remedy procedure related to alleged vindication claims before the Cantonal Court of Thurgau. The Cantonal Court rejected their request due to procedural poverty and the hopelessness of the legal remedy. Against this decision, they appealed to the Federal Court. They requested the annulment of the decision, the granting of free legal assistance for the cantonal procedure, and a waiver of a cost deposit.
Complete summary of the judgment can be found in the Portal.