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New Federal Court rulings from 29.12.2025

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 dispositive elements. 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 legal areas.

4A_598/2025: Admissibility of the appeal and request for recusal

Summary of the facts

The appellant challenged the dismissal of a motion by the High Court of the Canton of Thurgau, in which she had requested a waiver of costs regarding legally established procedural fees and a request for recusal. Furthermore, the High Court had announced that it would leave further submissions unanswered if they did not contain legally relevant points. The appeal was directed to the Federal Court.

Summary of considerations

The Federal Court found that the appellant acted querulously in her submission and misused the legal process. The request for recusal against Federal Judge Hurni was deemed unfounded, as no suitable grounds for recusal were presented. Political affiliation or previous adverse decisions for the party do not provide sufficient grounds for a recusal request. The appeal was deemed inadmissible in the simplified procedure and thus not entered (Art. 108 para. 1 lit. c BGG). The court costs of 800 CHF were imposed on the appellant. The request for suspensive effect became moot.

Summary of the dispositive

The request for recusal and the appeal were dismissed as inadmissible. The court costs of 800 CHF were imposed on the appellant.


5A_1057/2025: Judgment on the release from care

Summary of the facts

The appellant was initially placed in the clinic B.________ under medical admission and subsequent decisions for care. After several unsuccessful requests for release, the High Court of the Canton of Graubünden dismissed a renewed complaint. The appellant then appealed to the Federal Court.

Summary of considerations

- **E.1:** The contested decision of the High Court concerns the release from care. The appeal in civil matters is admissible (Art. 72 para. 1, Art. 75 para. 1 and Art. 90 BGG). - **E.2:** The appellant made an admissible request for legal remedies and requested "immediate release." - **E.3:** The appeal does not meet the legal requirements for reasoning (Art. 42 para. 2 BGG). The appellant does not address the considerations of the High Court, which state that an inpatient framework is still necessary. - **E.4:** Due to the insufficient reasoning, the appeal cannot be entered. The decision is made in the simplified procedure (Art. 108 para. 1 lit. b BGG). - **E.5:** Given the circumstances, no court costs are imposed (Art. 66 para. 1 BGG).

Summary of the dispositive

The Federal Court did not enter the appeal and did not impose any court costs.


7B_554/2025: Non-appearance of the appeal due to non-payment of the cost advance

Summary of the facts

The appellant A.________ filed an appeal against several decisions of the public prosecutor regarding non-initiation and discontinuation to the Cantonal Court of Schwyz. This court did not enter the appeal. Subsequently, A.________ appealed to the Federal Court.

Summary of considerations

- **E.1**: The Cantonal Court did not enter the appeals of the appellant against decisions of the public prosecutor, whereupon the appellant turned to the Federal Court. - **E.2**: According to Art. 62 para. 1 BGG, parties must pay an advance on costs for Federal Court proceedings unless there are reasons for a waiver. - **E.3**: The appellant received deadlines for the payment of the cost advance but ignored the court's notifications, as she wanted to correspond exclusively via email. The Federal Court established that a registered electronic delivery platform would be necessary, which was not available. - **E.4**: The notifications are considered to have been lawfully made, and the appeal is not entered according to Art. 108 BGG. - **E.5**: The appellant bears the costs of the proceedings according to Art. 66 para. 1 BGG.

Summary of the dispositive

The Federal Court did not enter the appeal and imposed court costs of CHF 500.-- on the appellant.


5A_892/2025: Non-admittance of a civil appeal

Summary of the facts

The B.________ GmbH initiated debt collection proceedings against the appellant, against which she had filed an appeal. The lower courts, the District Court of Kulm and subsequently the High Court of the Canton of Aargau, dismissed the appeals, as far as they were entered. The appellant then filed a civil appeal to the Federal Court, but did not pay the cost advance even after the deadline was set.


6B_518/2024: Expulsion (attempted serious bodily injury)

Summary of the facts

A.________ was convicted, among other things, of attempted serious bodily injury. The lower court (High Court of the Canton of Bern) ordered a seven-year expulsion and dismissed A.________'s appeal against the expulsion. The Federal Court assesses the appeal in criminal matters from A.________, who is appealing against the expulsion and its entry in the Schengen Information System (SIS).


5A_1025/2025: Decision on child matters and assessment

Summary of the facts

A.________ and B.________ are the parents of a child, C.________, for whom a regulated visitation arrangement has existed since a divorce agreement. Following repeated violations of the contact rights by the mother and due to high conflict potential between the parents, the KESB introduced various measures, including supervised visits and the ordering of a parenting capacity assessment. The mother opposed these measures, including with a request for recusal, which was denied. The contested decision of the High Court of the Canton of Bern confirmed the measures of the KESB.


9C_522/2025: Judgment on the VAT qualification of entry and registration fees of a tournament series

Summary of the facts

The A.________ association organizes an annual tennis tournament series with participants from across Switzerland. The Federal Tax Administration conducted a VAT audit for the tax periods 2015 to 2019 and qualified the entry and registration fees collected by the association as tax-exempt income due to an activity exempt from tax (Art. 21 para. 2 no. 15 VAT Act). This led to a correction of input tax in the amount of CHF 79'500.–. The association argued that it was only acting as an intermediary and that the funds belonged to the tennis centers. The Federal Administrative Court dismissed the association's appeal.


7B_1250/2025: Decision regarding the withdrawal of the appeal against a decision of the Cantonal Court of Basel-Landschaft

Summary of the facts

A.________ filed an undated appeal against the decision of the Cantonal Court of Basel-Landschaft dated October 20, 2025, concerning the reimbursement of the compensation for official defense. The Federal Court subsequently opened the procedure 7B_1250/2025. The appellant declared his complete withdrawal of the appeal in a submission dated December 6, 2025.


2C_697/2025: Non-renewal of the residence permit of a Kosovo national after the wife’s departure

Summary of the facts

The Kosovo national A.________ (born 1987) lived in Switzerland since December 2021 due to a marriage to a spouse with residence rights after several expulsions. After his wife moved to Albania, the renewal of his residence permit was denied. The appellant appealed the decision to the Federal Court.


4A_474/2025: Withdrawal of the appeal in the procedure concerning a claim

Summary of the facts

The A.________ GmbH filed an appeal on September 23, 2025, against a decision of the High Court of the Canton of Aargau (4th Chamber) dated September 2, 2025. In a letter dated December 11, 2025, the appellant withdrew the appeal.


4A_590/2025: Judgment regarding the advance payment order and request for recusal

Summary of the facts

The appellant had submitted an appeal to the High Court of the Canton of Thurgau and requested the recusal of all members of the High Court. The High Court then ordered a cost advance of CHF 800.--, along with a note on the possibility of applying for free legal aid. The appellant appealed this order to the Federal Court and simultaneously requested suspensive effect.


4D_233/2025: Judgment on the non-initiation of an appeal regarding provisional legal protection

Summary of the facts

The B.________ AG applied to the District Court of Zurich for provisional legal protection, which was rejected by the single court hearing on April 22, 2025. The High Court of the Canton of Zurich overturned this decision on October 23, 2025, and returned the case to the District Court for a new decision. A.________ appealed to the Federal Court on November 25, 2025.


5A_449/2025: Challenge of a club resolution regarding a statute amendment

Summary of the facts

The appellant, a member of the B.________ club, challenged a statute amendment that was aimed at the complete separation of the club from the C.________ foundation and the repeal of its consent requirement for the statute amendment according to Art. 19 para. 1 of the club's statutes. The lower courts dismissed the action, after which the appellant filed a civil appeal with the Federal Court. She requested the declaration of the club's resolution as null and void.


6F_38/2025: Judgment on the inadmissibility of a revision request

Summary of the facts

A.________ requested the revision of a judgment of the Federal Court from October 10, 2025 (6B_795/2025), in which her appeal against a judgment of the Chambre pénale d'appel et de révision der Cour de justice des Kantons Genf from August 28, 2025 had been declared inadmissible. The revision requests, dated October 21 and 22, 2025, aimed at the lifting of measures imposed on A.________, the suspension of her file, medical care, and conditional release.


9D_17/2025: Waiver of court costs

Summary of the facts

A.________ requested the waiver of court costs amounting to CHF 570.- from the Administrative Court of the Canton of Zurich, which were imposed on him in a previous proceeding. After his request was rejected by the Administrative Court and the Central Collection of the High Court of the Canton of Zurich, A.________ appealed to the Federal Court.


7B_1026/2025: Non-initiation and non-admittance

Summary of the facts

The appellant A.________ filed a criminal appeal against a decision of the Cantonal Court of Schwyz, which did not enter his appeal against the non-initiation decision of the Schwyz Public Prosecutor's Office from August 21, 2025.


5A_1055/2025: Non-admittance of the appeal

Summary of the facts

A guardianship with income and asset management was established for the appellant in September 2022. The KESB Winterthur approved the report and the account of the guardian, set a compensation of CHF 6,000.– and flat expenses of CHF 400.–. The District Council of Winterthur dismissed the related appeal. The High Court reduced the expenses to the actually necessary costs and confirmed the determination of compensation. The appellant appealed to the Federal Court but did not substantively address a specific violation of rights.


5A_1054/2025: Request for a change of the guardian in a guardianship

Summary of the facts

The appellant, divorced father of a daughter born in 2015, requested a change of the guardian for his daughter from the KESB Birstal, which, however, advocated for the retention of the previous guardian. The KESB rejected the request, as did the Cantonal Court of Basel-Landschaft, which predominantly did not enter the father's appeal. The appellant brought his concerns to the Federal Court, including a referral to another court or an out-of-canton authority as well as a "temporary transfer of custody."


4A_594/2025: Inadmissibility of the appeal

Summary of the facts

The case involved a dispute between co-owners of an agricultural operation ('Domaine C.________'), which was to be operated and sold based on an agreement dated April 29, 2013, and a non-binding draft contract dated February 10, 2014. It concerned the payment of installments for agricultural machinery and livestock totaling CHF 350,000. Previous judgments had partially confirmed the purchase price and the obligation to pay further amounts. The appellants disputed the claims and requested the admission of new evidence and a reevaluation during a further procedure.


5A_550/2025: Decision on the topic of "sequestration"

Summary of the facts

The present case concerns the ordering of a sequestration on an account of the B.________ company at Bank F.________ SA by the Tribunal de première instance de Genève. The opposition to this sequestration was approved by the lower court (Court de justice des Kantons Genf, Civil Chamber), which led to the lifting of the sequestration. A.________, who originally requested the sequestration, filed an appeal with the Federal Court. She asserted, among other things, a violation of procedure, a misapplication of the principle of transparency, and a violation of her right to be heard. However, the Federal Court declared the appeal unfounded and dismissed it as inadmissible.


4A_526/2025: Decision on the question of advance payment and granting of free legal aid for a legal entity

Summary of the facts

The A.________ SA filed an appeal with the Federal Court against a decision of the Vice-President of the Cour de justice des Kantons Genf from September 4, 2025. She was ordered to make an advance payment of 2,000 CHF by November 13, 2025, but received an extended and non-extendable deadline until December 5, 2025. On that date, she submitted a request for free legal aid, justified by her over-indebtedness and the lack of means of her only shareholder.


4D_223/2025: Judgment on the action for denial

Summary of the facts

The A.________ GmbH filed a denial action, which was deemed inadmissible by the District Court of Höfe on May 2, 2025, due to a rejected request for extension of the deadline. The A.________ GmbH then appealed to the Cantonal Court of Schwyz, which was dismissed by decision of August 29, 2025, as far as it was entered. The appellant then filed a complaint with the Federal Court on November 11, 2025.


7B_94/2025: Judgment on the unsealing of data from a business mailbox

Summary of the facts

The Federal Prosecutor's Office is investigating the suspicion of unfaithful business management and bribery of foreign officials, in particular the suspicion of payments amounting to 1.6 million euros to secure economic advantages for traffic projects in Qatar for the A.________ AG. In the course of this investigation, a forensic copy of the business mailbox of the former CEO of A.________ AG was seized. The Federal Prosecutor's Office applied for the unsealing of this data, which was partially approved by the Cantonal Court of Bern. The A.________ AG filed an appeal with the Federal Court against this decision.


6B_268/2025: Judgment regarding fraud and forgery in connection with a Covid-19 loan

Summary of the facts

A.________ applied for a Covid-19 loan of CHF 50,000.-- for the E.________ GmbH he founded in June 2020 and made false statements on the application regarding the incorporation date of the GmbH to meet the requirements for a loan. The loan was approved and not repaid. A.________ was convicted of fraud and forgery. He denied the allegations, argued a misunderstanding of facts, and claimed not to have intended any advantages.


7B_1270/2025: Order of pre-trial detention

Summary of the facts

The appellant is suspected of having committed a number of criminal offenses between December 2023 and July 2025, including threats, insults, property damage, and theft. After being arrested on July 10, 2025, his release from pre-trial detention was rejected by both the Tribunal des mesures de contrainte of the Canton of Geneva and the Chambre pénale de recours of the Cour de justice des Cantons Genf. He then appealed to the Federal Court.