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New Federal Court rulings from 29.12.2025

Latest Verdicts of the Federal Court

Here you will find the most recent verdicts of the Federal Court (BGer) from bger.ch. For the first three verdicts, we present detailed summaries including facts, considerations, and dispositions. For the other verdicts, you will find a summary of the facts. The complete summaries of all verdicts are available on the Lexplorer portal. There you can configure your newsletter and receive the latest verdicts tailored to your legal areas.

4A_598/2025: Inadmissibility of the Complaint and Request for Recusal

Summary of the Facts

The complainant challenged the rejection of a request by the High Court of the Canton of Thurgau, in which she had requested a waiver of legally established procedural fees and a request for recusal. Additionally, the High Court had announced that it would leave further submissions without legally relevant points unanswered. The complaint was directed to the Federal Court.

Summary of the Considerations

The Federal Court found that the complainant acted querulously in her submission and abused the legal process. The request for recusal against Federal Judge Hurni was deemed unfounded because no valid grounds for recusal were presented. Political affiliation or previous unfavorable decisions for the party do not constitute sufficient grounds for a request for recusal. The complaint was deemed inadmissible in the simplified procedure and consequently not considered (Art. 108 para. 1 lit. c BGG). The court costs of 800 CHF were imposed on the complainant. The request for suspensive effect became moot.

Summary of the Disposition

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


5A_1057/2025: Judgment on Release from Custodial Care

Summary of the Facts

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

Summary of the Considerations

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

Summary of the Disposition

The Federal Court did not consider the complaint and did not impose any court costs.


7B_554/2025: Non-admission of the Complaint due to Non-payment of the Cost Advance

Summary of the Facts

The complainant A.________ filed a complaint against several decisions of the public prosecutor regarding non-initiation and termination with the Cantonal Court of Schwyz. This court did not consider the complaint. Subsequently, A.________ appealed to the Federal Court.

Summary of the Considerations

- **E.1**: The Cantonal Court did not consider the complaints of the complainant against the decisions of the public prosecutor, leading the complainant to appeal to the Federal Court. - **E.2**: According to Art. 62 para. 1 BGG, parties must pay a cost advance for Federal Court proceedings unless there are reasons for a waiver. - **E.3**: The complainant was given deadlines to pay a cost advance but ignored the court notices since he wanted to correspond exclusively via email. The Federal Court found that a registered electronic delivery platform would be necessary, which was not available. - **E.4**: The deliveries are considered legally made, and the complaint is not considered according to Art. 108 BGG. - **E.5**: The complainant bears the costs of the proceedings according to Art. 66 para. 1 BGG.

Summary of the Disposition

The Federal Court did not consider the complaint and imposed court costs of CHF 500 on the complainant.


5A_892/2025: Non-admission of a Complaint in Civil Matters

Summary of the Facts

The B.________ GmbH initiated debt collection against the complainant, against which she had filed a complaint. The lower courts, the District Court of Kulm and subsequently the High Court of the Canton of Aargau, dismissed the complaints as far as they were considered. The complainant then filed a complaint in civil matters with the Federal Court but did not pay the cost advance even after the deadline.


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

Summary of the Facts

A.________ was convicted inter alia for attempted serious bodily injury. The lower instance (High Court of the Canton of Bern) ordered a seven-year expulsion and dismissed the appeal of A.________ against the expulsion. The Federal Court is considering the complaint in criminal matters from A.________, who is contesting 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 parents of a child, C.________, for whom a regulated visitation arrangement has existed since a divorce agreement. After repeated violations of the right to contact by the mother and due to high conflict potential between the parents, the KESB implemented various measures, including supervised visits and an order for a parenting capacity assessment. The mother opposed these measures, including 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 VAT Qualification of Entry Fees 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 exempt activity (Art. 21 para. 2 no. 15 VAT Act). This led to a VAT correction of CHF 79,500. The association argued that it was merely acting as an intermediary and that the funds belonged to the tennis centers. The Federal Administrative Court rejected the association's complaint.


7B_1250/2025: Decision Regarding Withdrawal of the Complaint Against a Decision of the Cantonal Court of Basel-Landschaft

Summary of the Facts

A.________ filed an undated complaint against the decision of the Cantonal Court of Basel-Landschaft dated October 20, 2025, concerning the reimbursement of the costs of official defense. The Federal Court subsequently opened the procedure 7B_1250/2025. The complainant declared on December 6, 2025, in a submission that he fully withdrew the complaint.


2C_697/2025: Non-renewal of the Residence Permit of a Kosovo National After the Wife Moves Out

Summary of the Facts

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


4A_474/2025: Withdrawal of the Complaint in the Procedure Regarding Claims

Summary of the Facts

The A.________ GmbH filed a complaint 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 complainant withdrew the complaint.


4A_590/2025: Judgment Regarding Cost Advance Order and Request for Recusal

Summary of the Facts

The complainant had filed a complaint with the High Court of the Canton of Thurgau and requested the recusal of all members of the High Court. The High Court ordered a cost advance of CHF 800, along with a note on the possibility of applying for legal aid. The complainant appealed the order to the Federal Court and simultaneously requested suspensive effect.


4D_233/2025: Judgment Regarding Non-initiation of a Complaint Concerning Provisional Legal Opening

Summary of the Facts

The B.________ AG applied for provisional legal opening at the District Court of Zurich, 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. A.________ filed a complaint with the Federal Court on November 25, 2025 against this decision.


5A_449/2025: Challenge of a Club Resolution Regarding a Statute Change

Summary of the Facts

The complainant, a member of the club B.________, challenged an amendment to the statutes that concerned the complete separation of the club from the foundation C.________ and the abolition of its requirement for approval for statute changes according to Art. 19 para. 1 of the club's statutes. The lower courts dismissed the action, after which the complainant filed a complaint in civil matters with the Federal Court. She requested that the club decision be declared void.


6F_38/2025: Judgment on the Inadmissibility of a Request for Review

Summary of the Facts

A.________ requested the review of a Federal Court judgment from October 10, 2025 (6B_795/2025), in which her complaint against a ruling 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 review requests, dated October 21 and 22, 2025, aimed at the repeal 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.________ applied to the Administrative Court of the Canton of Zurich for a waiver of court costs amounting to CHF 570, which were imposed on him in an earlier 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.________ appealed to the Federal Court and filed a complaint.


7B_1026/2025: Non-initiation and Non-consideration

Summary of the Facts

The complainant A.________ filed a complaint in criminal matters against a decision of the Cantonal Court of Schwyz, which did not consider his complaint against the non-initiation decision of the Public Prosecutor's Office of Schwyz from August 21, 2025.


5A_1055/2025: Non-consideration of the Complaint

Summary of the Facts

For the complainant, a representative guardianship with income and asset management was established 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 a complaint in this regard. The High Court reduced the expenses to the actually necessary costs and confirmed the compensation determination. The complainant appealed to the Federal Court but did not substantively contest a specific legal violation.


5A_1054/2025: Request for Change of Mandatary in a Guardianship

Summary of the Facts

The complainant, divorced father of a daughter born in 2015, requested the KESB Birstal to change the guardian for his daughter, who however expressed her preference for the continuation of the existing guardian. The KESB rejected the request, as did the Cantonal Court of Basel-Landschaft, which predominantly did not consider the father's complaint. The complainant brought his concerns before the Federal Court, including a referral to another court or an out-of-canton authority, as well as a "provisional transfer of custody."


4A_594/2025: Inadmissibility of the Complaint

Summary of the Facts

The case involved a dispute between the 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 as well as the obligation to pay further amounts. The complainants denied the claims and requested the admission of new evidence and re-assessment in a subsequent procedure.


5A_550/2025: Decision on "Sequester"

Summary of the Facts

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


4A_526/2025: Decision on the Issue of Advance Payment and Granting Legal Aid for a Legal Entity

Summary of the Facts

The A.________ SA filed a complaint with the Federal Court on October 20, 2025, against a decision by the Vice-President of the Cour de justice of the Canton of Geneva dated September 4, 2025. She was ordered to make an advance payment of CHF 2,000 by November 13, 2025, but received an extended and non-extendable deadline until December 5, 2025. On that date, she submitted a request for legal aid, justified by her over-indebtedness and the insolvency of her sole shareholder.


4D_223/2025: Judgment on the Action for Denial

Summary of the Facts

The A.________ GmbH filed an action for denial, which was deemed inadmissible by the District Court of Höfe on May 2, 2025, due to a rejected request for an extension. The A.________ GmbH then filed an appeal with the Cantonal Court of Schwyz, which was dismissed by decision dated August 29, 2025, as far as it was considered. The complainant 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 investigated suspicions of fraudulent business conduct and bribery of foreign officials, specifically the suspicion of payments amounting to 1.6 million euros to secure economic advantages for the A.________ AG in transport projects in Qatar. In the course of this investigation, a forensic copy of the business mailbox of the former CEO of the A.________ AG was secured. The Federal Prosecutor's Office requested the unsealing of this data, which was partially approved by the Cantonal Court of Bern. The 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 in June 2020 for a Covid-19 loan of CHF 50,000 for the E.________ GmbH he founded, making false statements in the application regarding the founding 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, arguing a factual mistake and claiming he had not intended or sought advantages.


7B_1270/2025: Order of Pre-trial Detention

Summary of the Facts

The complainant is suspected of having committed a series of criminal offenses between December 2023 and July 2025, including threats, insults, damage to property, 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.