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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 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 areas of law.

4A_598/2025: Inadmissibility of the appeal and motion for recusal

Summary of the Facts

The appellant challenged the dismissal of a request 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 motion for recusal. Additionally, the High Court had announced that further submissions without legally relevant points would remain unanswered. The appeal was directed against the Federal Court.

Summary of the Considerations

The Federal Court found that the appellant acted querulously in her submission and abused the process. The motion for recusal against Federal Judge Hurni was deemed unfounded, as no valid grounds for recusal were presented. Political affiliation or previous unfavorable decisions for the party do not constitute sufficient grounds for a motion for recusal. The appeal was assessed as inadmissible in the simplified procedure and consequently not admitted (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 Disposition

The motion for recusal and the appeal were dismissed as inadmissible. The court costs amounting to 800 CHF were imposed on the appellant.


5A_1057/2025: Judgment on the release from custodial care

Summary of the Facts

The appellant was initially placed in the clinic B.________ with medical admission and subsequent decisions. After several unsuccessful release requests, the High Court of the Canton of Graubünden rejected a renewed appeal. The appellant then turned to the Federal Court.

Summary of the Considerations

- **E.1:** The challenged decision of the High Court concerns the release from custodial care. The appeal in civil matters is admissible (Art. 72 para. 1, Art. 75 para. 1 and Art. 90 BGG). - **E.2:** The appellant filed an admissible legal request and demanded "immediate release". - **E.3:** The appeal does not meet the legal requirements for justification (Art. 42 para. 2 BGG). The appellant does not engage with the considerations of the High Court, according to which an inpatient framework is still necessary. - **E.4:** Due to the insufficient grounds, the appeal cannot be considered. The decision is made in the simplified procedure (Art. 108 para. 1 lit. b BGG). - **E.5:** In light of the circumstances, no court costs are imposed (Art. 66 para. 1 BGG).

Summary of the Disposition

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


7B_554/2025: Non-admittance 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 cessation at the Cantonal Court of Schwyz. This court did not entertain the appeal. Subsequently, A.________ appealed to the Federal Court.

Summary of the Considerations

- **E.1**: The Cantonal Court did not entertain the appeals of the appellant against the decisions of the public prosecutor, whereupon the appellant turned to the Federal Court. - **E.2**: According to Art. 62 para. 1 BGG, parties must provide an advance on costs for Federal Court procedures unless there are reasons for a waiver. - **E.3**: The appellant was given deadlines to pay the cost advance but ignored the court’s notifications as she wanted to correspond exclusively via email. The Federal Court noted that a registered electronic delivery platform would be necessary for this, which was not available. - **E.4**: The deliveries are deemed legally executed, and the appeal will not be entertained according to Art. 108 BGG. - **E.5**: The appellant bears the costs of the procedure according to Art. 66 para. 1 BGG.

Summary of the Disposition

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


5A_892/2025: Non-admittance of an appeal in civil matters

Summary of the Facts

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


6B_518/2024: Expulsion from the country (attempted serious bodily harm)

Summary of the Facts

A.________ was convicted inter alia of attempted serious bodily harm. The lower court (High Court of the Canton of Bern) ordered a seven-year expulsion from the country and dismissed A.________'s appeal against the expulsion. The Federal Court is assessing A.________'s appeal in criminal matters, which contests the expulsion and its listing in the Schengen Information System (SIS).


5A_1025/2025: Decision regarding child matters and assessment

Summary of the Facts

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


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

Summary of the Facts

The association A.________ organizes an annual tennis tournament series with participants from all over Switzerland. The Federal Tax Administration conducted a VAT audit for the tax periods 2015 to 2019 and classified the entry and registration fees collected by the association as tax-free income due to an activity exempt from tax (Art. 21 para. 2 lit. 15 VAT Act). This led to a preliminary tax adjustment of CHF 79,500.–. The association argued that it only acted 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 from October 20, 2025, concerning the reimbursement of the compensation for the official defense. The Federal Court then opened the procedure 7B_1250/2025. The appellant declared his full withdrawal of the appeal with a submission dated December 6, 2025.


2C_697/2025: Non-renewal of the residence permit of a Kosovo national after the wife moved out

Summary of the Facts

The Kosovo national A.________ (born 1987) lived in Switzerland since December 2021 due to a marriage with a resident compatriot, 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 proceedings concerning the 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) from September 2, 2025. By letter dated December 11, 2025, the appellant withdrew the appeal.


4A_590/2025: Judgment regarding the cost advance order and motion for recusal

Summary of the Facts

The appellant had filed an appeal with 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 the note on the possibility to request legal aid. The appellant appealed this order to the Federal Court and simultaneously requested suspensive effect.


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

Summary of the Facts

The B.________ AG applied to the District Court of Zurich for provisional legal opening, which was rejected by the single judge in a hearing on April 22, 2025. The High Court of the Canton of Zurich overturned this decision on October 23, 2025, and referred the matter back to the District Court for a new decision. Against this, A.________ filed an appeal with 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 involved the complete separation of the club from the C.________ foundation as well as the abolition of its requirement for consent to the statute amendment according to Art. 19 para. 1 of the club's statutes. The lower courts dismissed the complaint, whereupon the appellant filed a civil appeal with the Federal Court. She requested that the club resolution be declared void.


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

Summary of the Facts

A.________ requested a 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 of the Cour de justice of the Canton of Geneva from August 28, 2025, had been declared inadmissible. The revision requests dated October 21 and 22, 2025, aimed to lift measures imposed against A.________, suspend her file, provide 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 procedure. After the rejection of his request by the Administrative Court and the Central Collection of the High Court of the Canton of Zurich, A.________ turned to the Federal Court and filed an appeal.


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

Summary of the Facts

The appellant A.________ filed an appeal in criminal matters against a decision of the Cantonal Court of Schwyz, which did not entertain his appeal against the non-initiation decision of the Schwyz public prosecutor dated August 21, 2025.


5A_1055/2025: Non-admittance of the appeal

Summary of the Facts

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


5A_1054/2025: Request for a change of mandate person in a guardianship

Summary of the Facts

The appellant, divorced father of a daughter born in 2015, requested the KESB Birstal to change the guardian for his daughter, who, however, spoke in favor of keeping the previous guardian. The KESB rejected the request, as did the Cantonal Court of Basel-Landschaft, which largely did not admit the father's appeal. The appellant brought his concerns to the Federal Court, including the referral to another court or an out-of-canton authority, as well as a "provisional 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 of April 29, 2013, and a non-binding contract draft from February 10, 2014. It concerned the payment of installments for agricultural machinery and livestock valued at 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 re-evaluation during a subsequent procedure.


5A_550/2025: Decision on the topic "Sequestration"

Summary of the Facts

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


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

Summary of the Facts

The A.________ SA filed an appeal with the Federal Court on October 20, 2025, against a decision of the Vice-President of the Cour de justice des Cantons Genève from September 4, 2025. She was required to pay an advance of CHF 2,000 by November 13, 2025, but was granted an extended and no longer extendable deadline until December 5, 2025. On that date, she submitted a request for legal aid, justified by her over-indebtedness and the lack of resources of her only shareholder.


4D_223/2025: Judgment regarding the denial of recognition

Summary of the Facts

The A.________ GmbH filed a denial of recognition, which was assessed by the District Court of Höfe on May 2, 2025, as not admissible due to a rejected application for an extension of the deadline. The A.________ GmbH filed an appeal with the Cantonal Court of Schwyz, which was dismissed by order on August 29, 2025, as far as it was entertained. The appellant then filed a complaint with the Federal Court on November 11, 2025.


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

Summary of the Facts

The Federal Prosecutor's Office investigated the suspicion of disloyal business management and bribery of foreign officials, particularly the suspicion of payments of 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 secured. The Federal Prosecutor's Office requested the unsealing of this data, which the Cantonal Court of Bern partially approved. A.________ AG appealed to 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 founding date of the GmbH to meet the requirements for a loan. The loan was granted but not repaid. A.________ was convicted of fraud and forgery. He denied the allegations, arguing a factual error and claimed not to have acted with intent or sought advantages.


7B_1270/2025: Order for pre-trial detention

Summary of the Facts

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