Latest Judgments of the Federal Court
Here you will find the most current judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositives. For the other judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
7B_128/2025: Decision regarding the dismissal of a request for the reopening of a criminal proceeding
Summary of the facts
The appellant, born in 1948, was found guilty of usury for commercial purposes and various violations of the Foreigners Act by the Geneva Criminal Court in a procedure conducted in her absence. Her requests for the reopening of the criminal proceedings were dismissed by both the lower court and the Federal Court.
Summary of the considerations
- **E.1:** The Federal Court examines the admissibility of the appeal. It finds that there are no procedural obstacles and that the appeal is thus to be addressed on its merits. - **E.2:** The appellant claims a supposed violation of her right to be heard. The Federal Court notes that the lower court classified the collection of certain data about the appellant by the Criminal Court as procedurally unproblematic and pointed out that this data did not influence the decision. It rejects the objection. - **E.3:** The appellant contests the conduct and planning of the hearings, particularly the short notice of the second hearing. The Federal Court indicates that such objections should be part of an appeals procedure, not a request for reopening. - **E.4:** The appellant asserts that she was not in a position to appear on January 25, 2024, for health reasons. The Federal Court confirms the findings of the lower court, which stated that no sufficient medical reasons were presented that would justify her absence. It describes the reasons and evidence presented as contradictory and insufficient. A medical expert opinion is not deemed necessary. - **E.5:** The lower court could rely on indications suggesting that the appellant intentionally did not appear at the hearings.
Summary of the dispositive
The appeal was dismissed and the appellant must bear the court costs.
5A_433/2025: Liability of the organs of a cultural association – Claims of the creditor after association insolvency
Summary of the facts
The A.________ Sàrl, a company contracted for technical services in the cultural sector, faced unpaid bills following the insolvency of the G.________ association. A.________ Sàrl submitted its claims in the insolvency estate and sought damages from the members of the association’s board and its audit office through a lawsuit. The main point of contention was whether and to what extent the committee members and the audit office could be held liable due to supervisory duties and failure to report the association's insolvency.
Summary of the considerations
The appeal was formally granted, as it met the legal requirements (Art. 100, 42, 75, 90 and 76 para. 1 BGG). The legal foundations clarify the right to liability claims according to Art. 260 SchKG. For a liability of the board members, a breach of duty, damage, fault, and causation must be established. The assessment also includes whether there was a duty to report the insolvency under the old association law. The appellant could not derive a sufficient breach of duty from the board contracts or statutes. The previous association law did not provide for a statutory duty to inform the judge in case of insolvency. There was a qualified silence from the legislator that deliberately disregarded creditor protection. Thus, liability analogously to the corporate law provisions of Art. 725 para. 2 aOR was excluded. Causation was not proven. Even in a hypothetical scenario where the committee had informed the general assembly about the financial situation, it was not evident that they would have immediately decided on the insolvency of the association. The damage could not be justified as a direct result of a failure by the organs.
Summary of the dispositive
The appeal is dismissed and the corresponding claims of the appellant are also rejected; the appellant bears the court costs.
8C_436/2025: Decision on the question of sanctioning by the unemployment insurance
Summary of the facts
The appellant A.________ was employed at B.________ SA until October 2023 and was dismissed for violating internal discount rules. Subsequently, he received unemployment insurance benefits, which were later classified as "medium severity" due to fault and were sanctioned. The point of contention was particularly the length of the suspension and the appropriateness of the recovery.
Summary of the considerations
The appeal is admissible according to Art. 90 ff. BGG and was submitted in due form and on time. The subject of the dispute is the legality of the suspension of the claim to unemployment compensation (Art. 30 para. 1 lit. a AVIG). The Federal Court reviews legal assessments and only intervenes in cases of arbitrary factual determinations or legal violations. The lower court correctly presented the legal foundations regarding a suspension due to self-infliction. The imposition of a sanction, particularly its duration, is based on a weighing of the circumstances of the individual case (taking into account Art. 44 AVIV and Art. 45 para. 2 AVIV). The unemployment fund and the lower court established a medium level of fault, justified by the conscious deviation from internal guidelines of the former employer. The lower court found no substantive legal or arbitrary violations. The appellant's objections regarding his alleged compliance with instructions and the usual practice in other branches were dismissed as unsubstantiated and unconvincing. The lower court considered mitigating circumstances such as the lack of prior warnings.
Summary of the dispositive
The appeal was dismissed, and the procedural costs were imposed on the appellant. The parties as well as the lower court and the SECO were informed of the decision.
7B_1300/2025: Decision on the formal and substantive inadmissibility of an appeal in criminal matters
Summary of the facts
A.________ filed an appeal against a non-admissibility decision of the public prosecutor of the Lausanne region. However, the Criminal Appeals Chamber of the Vaud Cantonal Court declared the appeal inadmissible due to formal and content deficiencies. In response, A.________ filed an appeal to the Federal Court, along with a request for measures and for the rejection of the responsible president of the II Criminal Division of the Federal Court.
Complete summary of the judgment can be found in the Portal.
7F_38/2025: Request for revision regarding the non-admissibility decision
Summary of the facts
The applicant, A.________, submitted a request for revision against the Federal Court's judgment of June 10, 2025 (proceeding 7B_321/2025), in which the Federal Court did not consider his appeal. The aim of the revision request was to annul this judgment and to refer the case either back to the Federal Court or to the lower court, the Lucerne Cantonal Court. Alternatively, the illegality of the non-admission of a criminal procedure should be established. In addition, A.________ requested legal aid.
Complete summary of the judgment can be found in the Portal.
5A_1010/2025: Decision on the change of free legal counsel
Summary of the facts
A.________ requested a change of his legal counsel from Me B.________ to Me C.________ in the context of his claim for free legal aid. The vice president of the civil court of the canton of Geneva denied this request on May 9, 2025, as the conditions of Art. 14 of the regulations on free legal aid and the compensation of legal counsel and official defenders of July 28, 2010 (RAJ) were not met. The subsequent appeal before the vice president of the Court of Justice of the canton of Geneva was rejected on October 2, 2025. A.________ then appealed this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_716/2024: Annulment of a driving ability assessment
Summary of the facts
A.________ was stopped by the Aargau cantonal police, where small quantities of marijuana, hashish, and presumably an ecstasy pill were seized. A saliva test was negative, while the urine test showed positive results, which were not confirmed by blood analysis. The road traffic office of the canton of Zurich ordered a traffic medical driving ability assessment, which was annulled by the administrative court of the canton of Zurich.
Complete summary of the judgment can be found in the Portal.
5A_876/2025: Judgment on delay and refusal of justice regarding the provisional registration of a mortgage
Summary of the facts
The procedure concerns the provisional registration of a mortgage against the condominium share of the appellant due to unpaid condominium owner contributions. The appellant filed a complaint regarding delay or refusal of justice as well as a recusal request against the presiding district judge. The cantonal court of Zurich refused the suspensive effect and did not enter into the complaints due to lack of advance payment as well as into the recusal requests due to lack of grounds for recusal.
Complete summary of the judgment can be found in the Portal.
5A_877/2025: Decision on non-admissibility and sanctioning of vexatious litigation
Summary of the facts
The appellant is a notorious querulous litigant who repeatedly challenges all rulings and judgments, particularly through requests for nullity. In this case, it concerns the provisional registration of a mortgage due to unpaid condominium owner contributions. After she repeatedly filed procedural requests such as recusal and stay before cantonal authorities without success, she appealed a judgment of the Zurich Court of Appeal to the Federal Court. The procedure fails due to non-payment of the required advance costs.
Complete summary of the judgment can be found in the Portal.
7B_1378/2025: Release from custody of A.________
Summary of the facts
A.________ was convicted by the District Court of Dietikon in 2024 for attempted intentional homicide and attempted severe bodily injury to a seven-year prison sentence. In parallel, the public prosecutor is conducting a criminal investigation for further serious offenses, including attempted homicide and robbery. A.________ requested release from custody, which was rejected by both the coercive measures court and the Zurich Court of Appeal. After the Court of Appeal dismissed the appeal, A.________ filed an appeal in criminal matters with the Federal Court, which was also rejected.
Complete summary of the judgment can be found in the Portal.
5A_749/2025: Judgment regarding the challenge of decisions of a condominium owners' meeting
Summary of the facts
The appellant has a long-standing dispute with the condominium owners' association and regularly contests decisions by claiming their nullity. In this case, she sought the annulment of the decisions of an extraordinary condominium owners' meeting held on May 10, 2021, arguing that the meeting was not convened in accordance with the statutes. Her lawsuit and appeal were dismissed in the lower instance. She then filed a complaint with the Federal Court and made comprehensive legal requests.
Complete summary of the judgment can be found in the Portal.
6B_819/2025: Fixation of the penalty and compensation
Summary of the facts
A.________ was convicted by the Geneva correctional court on November 26, 2024, for violations of drug legislation (Art. 19 para. 1 lit. c and para. 2 lit. a LStup) as well as for illegal entry and residence (Art. 115 para. 1 lit. a and b LEI) to a prison sentence of 30 months. In addition, his expulsion for five years was ordered, with entry into the Schengen Information System (SIS). The court rejected a claim for damages. In the appeal, he was acquitted of the charge of drug trafficking by the Chamber of Penal Appeals and Revision, Court of Justice Geneva, on April 16, 2025, but was sentenced to a fine of 90 daily rates for illegal entry and residence. He was awarded compensation of 42,300 CHF for unjustified detention (Art. 429 para. 1 lit. c and 431 para. 2 StPO).
Complete summary of the judgment can be found in the Portal.
7B_831/2024: Finding on notification and deadline compliance in relation to the payment of a bail
Summary of the facts
A.________ filed a complaint against the discontinuation order of the public prosecutor of the canton of Graubünden, which had discontinued the proceedings against B.________ and C.________ for forgery according to Art. 251 No. 1 StGB. The president of the second criminal chamber of the Graubünden Cantonal Court required a bail to be paid by a certain date. The delivery of the request for payment was made by registered mail. Since the bail was not paid in time, the Cantonal Court declared the complaint inadmissible.
Complete summary of the judgment can be found in the Portal.
1C_755/2025: Decision on the interim decision in planning and construction law
Summary of the facts
The B.________ AG applied for the demolition of existing multi-family houses and the new construction of multi-family houses with commercial space and an underground garage in Lachen SZ. The neighbor A.________ AG filed an objection against the building permit. The municipal council approved the building permit with conditions, integrating the cantonal overall decision. After partially granting the complaint by the government council, the administrative court of the canton of Schwyz rejected the complaint of A.________ AG.
Complete summary of the judgment can be found in the Portal.
5A_750/2025: Challenge to condominium owner resolutions
Summary of the facts
The appellant has for years sought the declaration of nullity of meetings and resolutions in her disputes with the condominium owners' association. In this case, it concerns the 15th ordinary condominium owners' meeting held on March 12, 2021. Her lawsuit for the declaration of nullity of all resolutions of this meeting as well as other ancillary requests was dismissed by the cantonal authorities. With her appeal to the Federal Court, she requests the annulment of the lower court judgments and the remittance of the case for re-evaluation.
Complete summary of the judgment can be found in the Portal.
7B_1100/2025: Inadmissibility of the appeal due to failure to pay the advance costs and lack of justification
Summary of the facts
The Federal Court had to decide on an appeal by A.________, who appealed against the declaration of inadmissibility of his appeal by the president of the appeals chamber at the criminal appeal court of the canton of Ticino on September 24, 2025. The original decision concerned a non-admissibility decision regarding a decree of lack of grounds for a criminal proceeding.
Complete summary of the judgment can be found in the Portal.
9C_707/2025: Decision regarding withholding tax for the tax period 2021
Summary of the facts
The A.________ AG has filed a complaint against an objection decision of the Federal Tax Administration (ESTV) regarding withholding tax in the amount of CHF 8,255.95 for the tax period 2021. Due to non-payment of the advance costs, the Federal Administrative Court did not enter into the complaint and imposed the procedural costs on the company. Before the Federal Court, A.________ AG requested, among other things, the conversion of this judgment into a dismissal decision and the waiver of the costs allocation.
Complete summary of the judgment can be found in the Portal.
7B_1229/2025: Procedure on the withdrawal of the complaint
Summary of the facts
A.________ filed a complaint against the decision of the Criminal Appeals Chamber of the Appellate Court of the canton of Ticino from October 10, 2025, which confirmed the withdrawal of criminal proceedings against B.________ for insult, defamation, and slander. On December 27, 2025, A.________ withdrew the complaint before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1D_15/2025: Judgment on ordinary naturalization and residence permit
Summary of the facts
A.________, a French national, applied for ordinary naturalization in the canton of Zurich in December 2023. The application was rejected due to the absence of a residence permit. After an unsuccessful appeal to the Directorate of Justice and Internal Affairs of the canton of Zurich and a partial granting of the complaint by the Administrative Court of the canton of Zurich, A.________ filed a subsidiary constitutional complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_1298/2025: Appeal regarding non-admissibility order, discontinuation order and rejection request
Summary of the facts
A.________ filed a complaint against a discontinuation order and a non-admissibility order of the public prosecutor Stephan Johner, as well as against his conduct. The complaints were rejected or declared inadmissible by the Criminal Appeals Chamber of the Cantonal Court of Vaud. Furthermore, A.________ filed a complaint with the Federal Court, in which he also requested the rejection of the president of the II Criminal Division of the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_502/2024: Judgment regarding building permit for the conversion of a mobile phone facility
Summary of the facts
A mobile network provider submitted a building application for the conversion of a mobile phone facility in the Jura protection zone. The Cantonal Department of Construction and Justice and the Building Commission approved the project with conditions. Two residents filed a complaint against the lower courts, among other things on the grounds that the site selection and the balancing of interests were insufficient. The Administrative Court of the canton of Solothurn dismissed the complaint. The residents appealed this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_1405/2025: Inadmissibility of the appeal due to alleged refusal of justice
Summary of the facts
A.________ submitted a document on December 17, 2025, labeled as "superprovisional appeal" to the Federal Court and requested superprovisional measures. The Federal Court informed him on December 18, 2025, that it could not decide on the merits because there was no appeal against a cantonal final decision or a ruling of the Federal Criminal Court. Subsequently, A.________ submitted a complaint "due to denied access to justice" to the Federal Court on December 22, 2025, and repeated his request for superprovisional measures on January 8, 2026.
Complete summary of the judgment can be found in the Portal.
5A_720/2025: Inadmissibility of an appeal due to alleged refusal of justice
Summary of the facts
The appellant A.________ filed an appeal on September 1, 2025, accusing the Geneva judiciary of denying justice since 2012. He also requested the declaration of nullity of various cantonal and federal court decisions, the return of his property in Geneva, and compensation for allegedly serious procedural defects.
Complete summary of the judgment can be found in the Portal.
7B_1431/2024: Judgment on the question of delaying the execution of a sentence in favor of outpatient treatment
Summary of the facts
The appellant A.________ was convicted of various offenses, including attempted intentional homicide, multiple bodily injury, and violation of drug laws. He requested the postponement of the execution of the sentence in favor of outpatient treatment according to Art. 63 para. 2 StGB, which the lower court rejected. The Court of Appeal of the canton of Aargau considered outpatient treatment during the execution to be possible and saw no reason for a postponement of the execution of the sentence, particularly since the social and occupational integration of the appellant was not considered stable.
Complete summary of the judgment can be found in the Portal.
8C_166/2025: Claim for educational allowance during a language course
Summary of the facts
The appellant A.A.________ received educational allowances for his daughter B.A.________. For the period from August 1 to October 31, 2023, the family compensation fund Zug refused the allowance, as the daughter was no longer in a legally or factually recognized education after completing her training. The complaint filed against this was dismissed by the lower court, the Administrative Court of the canton of Zug.
Complete summary of the judgment can be found in the Portal.
8C_202/2025: Decision on the termination of entitlement in unemployment insurance
Summary of the facts
The respondent A.________ registered with the RAV for job placement and to receive unemployment benefits. After she did not attend two counseling appointments, the employment office issued two discontinuation orders, which were overturned by the lower court. The employment office subsequently appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_970/2025: Non-admission of an appeal
Summary of the facts
The Federal Court had to rule on an appeal by A.________ against the decision of the Court of Appeal of the canton of Thurgau from November 3, 2025. The Court of Appeal did not enter into A.________'s appeal, which was considered inadequately justified, against a discontinuation order from the public prosecutor's office in Kreuzlingen.
Complete summary of the judgment can be found in the Portal.
6B_892/2025: Non-admission of the appeal
Summary of the facts
A.________ filed an appeal against the decision of the Court of Appeal of the canton of Basel-Stadt from October 16, 2025. This concerned a non-admission order due to the late submission of the objection against a penal order. The Federal Court reviewed the legality of the lower court decisions in relation to the requirements for justification and procedural regulations.
Complete summary of the judgment can be found in the Portal.
5A_692/2025: Decision on the effective suspensive effect in measures of property and maintenance law
Summary of the facts
The appellant, A.________, had sued against a decision on protective measures for marriage. This required him to pay maintenance contributions to his wife, including overdue payments. The appeal against the decision was not granted suspensive effect by the cantonal lower court, whereupon A.________ filed an appeal and requested the reform of the decision in such a way that the suspensive effect would be granted.
Complete summary of the judgment can be found in the Portal.
7B_116/2025: Capacity to stand trial and requirements for a new criminal trial against an absent party
Summary of the facts
The appellant, A.________, was convicted by the Cantonal Court of Geneva on June 21, 2024, in an absence trial for usury and various violations of the Foreigners Act (LEI). Previous health reports indicated that the appellant was not able to travel. On June 28, 2024, he requested a new trial, which was rejected. The appellant then filed a complaint with the Federal Court on February 6, 2025.
Complete summary of the judgment can be found in the Portal.
8C_717/2025: Judgment regarding supplementary benefits for AHV/IV (precondition for proceedings)
Summary of the facts
The appellant appealed against an objection decision of the Social Insurance Institution Schwyz from September 26, 2025, regarding supplementary benefits for AHV/IV. The Administrative Court of the canton of Schwyz did not enter into his complaint by decision of November 13, 2025, as it was filed late. The appellant then filed an appeal against this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.