Latest Verdicts of the Federal Court
Here you will find the latest rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries with facts, considerations, and dispositives. 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 you will receive the latest rulings tailored to your areas of law.
6B_560/2025: Dismissal of the appeal against the criminal judgment and expulsion
Summary of the Facts
A.A., a Kosovo national with a residence permit C, was found guilty by the Geneva Criminal Court on August 28, 2024, of multiple offenses such as rape, threats, coercion, deprivation of liberty, and violation of the duty of care and support, and was sentenced to four years and two months of imprisonment as well as a fine. Additionally, his expulsion from Switzerland for five years was ordered and signaled in the Schengen Information System (SIS). The Geneva appeals court reduced some of the guilty findings but increased the prison sentence to five years and confirmed the expulsion. A.A. filed an appeal to the Federal Court.
Summary of the Considerations
- **E.1**: The Federal Court reviewed the sentencing, particularly the application of Article 47 of the Criminal Code (Principles of Sentencing). It confirmed the methodologically correct determination of the sentence by the lower court, which sufficiently took into account the severity of guilt and the circumstances of the offense. The raised objections regarding the failure to consider alleged mitigating circumstances were dismissed as unfounded. - **E.2**: Regarding the expulsion under Article 66a of the Criminal Code, the Federal Court stated that the lower court had decided without legal error that there were no personal hardship cases that justified an exception to the mandatory expulsion. A.A.'s integration into Switzerland was only average, he no longer had close family ties to his children, and his return to Kosovo was reasonable. The predominant public interest in the expulsion was justified due to the severity of the offenses. - **E.3**: The entry of the expulsion in the SIS was proportionate and lawful due to the severity of the committed offenses and the risk of recidivism.
Summary of the Dispositive
The appeal was dismissed and the court costs of 3,000 CHF were imposed on A.A.
1C_160/2025: Judgment regarding disciplinary law in public function
Summary of the Facts
A senior official in Geneva was accused of repeated inappropriate behavior towards employees, including sexist and defamatory remarks as well as an incident involving physical contact. Following a disciplinary investigation, the State Council of the Canton of Geneva decided on immediate removal from office. The cantonal court annulled this decision and ordered the reinstatement of the official, citing the lack of a prior warning letter and the principle of proportionality.
Summary of the Considerations
- **E.1**: The State Council and the cantonal judiciary examined the legal and disciplinary framework of the removal from office. The severity of the allegations and the legal requirements for removal concerning the principle of proportionality were addressed. - **E.2 and E.2.1**: The legal basis for disciplinary measures against public service employees and the criteria for the severity of violations according to Geneva law as well as Article 16 of the LPAC were outlined. - **E.2.3**: The cantonal instance found the removal from office to be disproportionate and referred to less drastic measures. The Federal Court decided partially in favor of the State Council and demanded a more precise justification and determination of alternative disciplinary measures by the cantonal instance.
Summary of the Dispositive
The judgment of the cantonal instance is annulled and referred back to the cantonal court hierarchy for a new decision on alternative disciplinary measures. The costs are to be shared between the parties and a reduced compensation is determined.
9D_19/2025: Tax waiver of the GmbH in liquidation
Summary of the Facts
The A.________ GmbH in liquidation was assessed for the tax periods 2020 to 2024 on a discretionary basis, as it had not complied with its cooperation obligations. After the opening of bankruptcy proceedings against the company on August 21, 2025, its managing director requested, in the context of two appeals to the Federal Court, a waiver of the taxes. The lower court had already dismissed the appeals as no evidence of a financial emergency was submitted.
Summary of the Considerations
The taxpayer submitted a request for tax waiver, which was rejected by the assessment authority. The lower court dismissed the appeals raised against this decision, as no substantial evidence for a financial emergency was presented. It was noted that the ordinary legal remedy through the appeal in public law matters is excluded. The correct legal remedy is the subsidiary constitutional complaint, as there is no legal question of fundamental importance and the case is not considered particularly significant. The standing to sue has been with the bankruptcy administration since the opening of bankruptcy. As there was no approval for litigation by the bankruptcy administration, the taxpayer lacks standing to sue. Without the consent of the bankruptcy administration, the appeals could not be filed. The managing director thus acted ultra vires.
Summary of the Dispositive
The appeals were not admitted, the proceedings were joined, and the court costs were imposed on the managing director.
9C_675/2025: Decision on the procedural requirement in the field of old-age and survivors' insurance
Summary of the Facts
The appellant challenged a decision by the Social Security Court of the Canton of Zurich, which had not admitted his original submission due to the late filing of the appeal. The subject of the proceedings is a non-admission decision regarding personal AHV contributions from the year 2020.
Complete summary of the judgment can be found in the Portal.
1C_500/2023: Decision on the cantonal planning and building decision for the wind farm project "Quatre Bornes"
Summary of the Facts
The Federal Court is dealing with a cantonal planning decision concerning the construction of a wind farm with three wind turbines in the area "Quatre Bornes – La Joux-du-Plâne." Originally, a larger project with ten wind turbines (three in Neuchâtel, seven in the Canton of Bern) was planned, which was reduced to the three installations in the Canton of Neuchâtel after the project was rejected by the population of Sonvilier. Several affected residents and organizations filed an appeal to the Federal Court against the decision of the Canton of Neuchâtel and the dismissal of their appeals by the cantonal instance. Main points of contention are environmental compatibility, the impact on fauna (birds and bats), the protection of the landscape, as well as technical and planning details regarding the construction of the wind farm.
Complete summary of the judgment can be found in the Portal.
6B_936/2024: Judgment on simple bodily harm and other offenses
Summary of the Facts
The appellant, A.________, was convicted by the Lucerne Cantonal Court for simple bodily harm, multiple unauthorized entries into a data processing system, multiple defamation, and forgery, among other offenses. Between June and December 2019, he systematically engaged in cyberstalking actions, through which he invaded the privacy of the private complainant, disseminated intimate data, and informed her environment deliberately. These actions caused serious psychological harm to the private complainant. The Cantonal Court imposed a prison sentence as well as a fine, both suspended. The appellant sought an acquittal or a referral for re-evaluation before the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_549/2025: Inadmissibility of the appeal
Summary of the Facts
The appellants, two companies and a natural person, challenged the refusal of the competent authorities in the Canton of Vaud to grant one of the companies permission to engage in self-employment. In the lower court, they requested the recusal of the competent judge on the grounds of suspected bias. The lower court's decision to refuse the question of bias was now challenged before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_376/2025: Judgment regarding recusal requests and public law matters
Summary of the Facts
A.A.________ and B.A.________, as owners of various plots in the municipality of Walzenhausen, as well as D.________ AG, made recusal requests against the municipal president Michael Litscher and municipal councilor Kathrin Steingruber in several proceedings, which were dismissed by the cantonal instances. The proceedings concern construction projects and a procedure for the decommissioning of a public footpath. The appeals against the lower court decisions were escalated to the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_512/2025: Inadmissibility of an appeal related to the non-renewal of a residence permit
Summary of the Facts
The Federal Court examines the admissibility of an appeal related to the non-renewal of a residence permit and the late payment of the required cost advances by the appellant. The appellant had requested several extensions of deadlines before the cantonal court, one of which was denied. The cantonal instance declared the appeal inadmissible due to late payment of the cost advances.
Complete summary of the judgment can be found in the Portal.
2C_562/2025: Decision on the inadmissibility of a cantonal decision due to late payment of a cost advance requirement
Summary of the Facts
The Brazilian national A.________ challenged the expulsion decision ordered by the cantonal migration office on July 14, 2025, at the cantonal court of the Canton of Fribourg. The cantonal court set a deadline until August 12, 2025, for him to pay a cost advance of CHF 1,000. A.________ paid the amount late, which led the cantonal court to declare his appeal inadmissible on August 28, 2025. A.________ subsequently filed an appeal in public law matters with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_53/2025: Judgment on recusal requests related to construction and planning law
Summary of the Facts
The appellants, living near a commercial zone in Wikon, opposed a construction project by M.________ AG. At the same time, they requested the recusal of three members of the municipal council, the municipal clerk, and the head of construction and infrastructure. The recusal requests were partially granted. The others were dismissed by the Justice and Security Department of the Canton of Lucerne and subsequently by the Cantonal Court of Lucerne. The appellants filed an appeal before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_227/2025: Decision regarding retrospective building permit and change of purpose outside the construction zone
Summary of the Facts
The appellants, owners of a property in the agricultural zone in Mendrisio, as well as D.________ Sagl, applied for the granting of a retrospective building permit for the change of purpose of an existing commercial building from a vehicle depot to a metalworking shop. Both the municipal council and the State Council of the Canton of Ticino denied the permit, which was confirmed by the Administrative Court of the Canton of Ticino.
Complete summary of the judgment can be found in the Portal.
1C_732/2025: Judgments regarding the withdrawal of the collective vehicle license and dealer plates
Summary of the Facts
The appellant A.________ had his collective vehicle license and the associated dealer plates revoked after a periodic inspection by the Road Traffic and Shipping Office of the Canton of Bern (decision of July 2, 2024). The subsequent objection and the appeal to the Security Directorate of the Canton of Bern and the Administrative Court of the Canton of Bern were unsuccessful. The appellant then sought protection from the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_52/2025: Recusal requests in construction and planning law
Summary of the Facts
B.A.________, A.A.________, C.C.________, D.C.________, and E.________, all residing near the commercial zone of Wikon, opposed construction projects from various companies that could cause excessive traffic and environmental burdens. One procedure for such a project was referred back to the Municipal Council of Wikon for re-evaluation in December 2022 following a judgment by the Federal Court. In the newly conducted procedure, they requested the recusal of the entire Municipal Council, the municipal clerk, and the head of construction & infrastructure. The Justice and Security Department and the Cantonal Court of Lucerne dismissed the recusal request.
Complete summary of the judgment can be found in the Portal.