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New Federal Court rulings from 27.01.2026

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 dispositives. 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 areas of law.

5A_742/2025: Judgment on the Nullification of Bankruptcy Opening

Summary of the Facts

The appellant requested the District Court of Frauenfeld to declare the nullity of the bankruptcy opening in the enforcement No. xxx. The request was denied, as were the subsequent legal remedies before the Court of Appeal of the Canton of Thurgau. The appellant finally filed a complaint in civil matters before the Federal Court. Various submissions and requests from the appellant, including for precautionary measures and free legal aid, were rejected during the proceedings.

Summary of the Considerations

The originally pending proceedings included numerous previous legal remedies against the bankruptcy opening, all unsuccessful. The Federal Court examined the current complaint for nullification and established that the proceedings have been legally concluded. The appellant requested a public hearing and an oral hearing; however, according to Art. 57 and Art. 58 BGG, there is no entitlement to this. The Court of Appeal erroneously indicated a ten-day instead of the correct thirty-day appeal period under Art. 100 para. 1 BGG. According to the Federal Court, the appellant did not suffer any disadvantage from this, as she could utilize the long period. Submissions outside the deadline were not considered. The Federal Court emphasized that a substantiated engagement with the lower courts' findings of fact is necessary, and merely appellate criticism is not sufficient to support a complaint. There are no indications of invalidity reasons for the bankruptcy opening. The legal force of the proceedings has been repeatedly checked and confirmed; a renewed examination of the legally assessed matter is excluded. The further complaints of the appellant, such as violations of the right to be heard, allegedly ignored evidence, and arbitrariness complaints, were dismissed as unfounded or general. The arguments regarding the alleged nullity of the bankruptcy opening, such as missing payment orders or settling the claim before the opening, were not sufficiently substantiated and remained unproven.

Summary of the Dispositive

The complaint was dismissed, and the request for free legal aid was also denied. The court costs were imposed on the appellant, including her managing director.


9C_715/2025: Decision on Non-Admittance in Tax Matters

Summary of the Facts

A.________ was assessed additional taxes and fines for the tax periods 2010 to 2016. His objection to the cantonal tax office in Zurich was dismissed. A.________ then appealed to the Tax Appeals Court, which did not admit it due to lack of jurisdiction. Another procedure before the Administrative Court of the Canton of Zurich also resulted in a non-admittance decision. The Federal Court now dealt conclusively with the complaint against the last decision of the Administrative Court.

Summary of the Considerations

The admissibility of new documents according to Art. 99 para. 1 BGG is left open, as it is not decisive for the outcome of the proceedings. A request for restoration of the deadline from the appellant is deemed abusive. The complaint does not meet the requirements for justification and presentation according to Art. 42 para. 1 BGG. The arguments presented are insufficient to concretely demonstrate a violation of rights, especially in the case of a non-admittance decision. General and appellate criticism from the appellant without reference to the considerations of the lower court does not meet the justification requirements. In particular, the question of legally compliant restoration of the deadline is insufficiently justified, and further fundamental rights complaints are unsubstantiated. The submission of the appellant does not meet the minimum requirements, which is why the complaint will not be admitted in simplified proceedings.

Summary of the Dispositive

The Federal Court does not admit the complaint and imposes court costs of CHF 3,000 on the appellant.


9D_25/2025: Judgment on the Non-Admittance Question in a Tax Procedure

Summary of the Facts

The taxpayer A.________ unsuccessfully requested tax relief from the assessment authority of the Canton of Bern for the tax period 2017. Later, he filed a request for disqualification against the presiding judge of the Tax Appeals Commission. The Tax Appeals Commission did not admit either the request or the legal remedies. The Administrative Court of the Canton of Bern confirmed this decision, as the submissions of the taxpayer did not meet the legal requirements. The taxpayer then approached the Federal Court with another submission that included substantive claims.

Summary of the Considerations

The Federal Court states that complaints must contain sufficient justification (Art. 42 para. 1 and 2 BGG). It must be demonstrated that and to what extent the contested decision violates federal law. In the case of a non-admittance decision, the subject matter of the dispute is limited to whether the subordinate instance should have admitted the complaint due to federal law. Substantive legal questions are irrelevant (Art. 95 lit. a BGG; BGE 151 I 294 E. 4.1). The submission of the taxpayer did not contain justification related to the subject matter of the non-admittance. It consisted of general statements and substantive claims that were not the subject of the proceedings. The costs of the proceedings are to be imposed on the taxpayer. His request for free legal aid is denied due to the hopelessness of the legal claims (Art. 29 para. 3 BV; Art. 64 BGG).

Summary of the Dispositive

The Federal Court does not admit the complaint and denies the request for free legal aid. The procedural costs are imposed on the appellant.


9C_270/2025: Judgment on the Additional Claim for VOC Steering Fees in the Obligation Procedure

Summary of the Facts

The A.________ AG imported VOC-containing goods multiple times between 2016 and 2020, partially failing to meet its obligation for correct declaration and entry in the VOC balances. This particularly affected twelve imports in 2016, for which neither the customs declaration obligation was fulfilled nor the VOC balance adjusted. The Federal Office for Customs and Border Security (BAZG) demanded VOC fees based on Art. 12 VStrR. The Federal Administrative Court partially lifted the additional claims but upheld them regarding the events from 2016.


5A_31/2026: Decision Regarding Inpatient Assessment

Summary of the Facts

The appellant A.________ had been under a representative guardianship since December 2021, with access to all assets except for a maintenance account being revoked. On November 5, 2025, the KESB Prättigau/Davos ordered an inpatient assessment by the Psychiatric Services Graubünden after a hearing and fact-finding. The Court of Appeal of the Canton of Graubünden dismissed a complaint filed against this on December 11, 2025. In a submission dated January 12, 2026, the appellant filed a complaint with the Federal Court to have the inpatient assessment lifted.


5A_919/2025: Decision Regarding Measures to Protect the Marital Community, Change of Children's Residence, and Maintenance Payments.

Summary of the Facts

A.________ and B.________ are separated married parents of three children (C.________, D.________, E.________). As part of measures to protect the marital community, joint custody was maintained. The main point of contention was the allocation of custody and the approval of a move of the children to Austria. The lower court decided in favor of the father, with him retaining custody and the children living in Switzerland. The mother filed a complaint before the Federal Court.


7B_498/2023: Costs and Compensation upon Termination of a Criminal Proceedings

Summary of the Facts

The Federal Court addresses a complaint regarding costs and compensation claims related to the termination of criminal proceedings against A.________. The subject of the proceedings involves allegations of disloyal management and other financial irregularities in his role as managing director and president of B.________ SA and E.________ SA, their financial difficulties, and ultimately the insolvency of B.________ SA.


2C_251/2025: Decision on the Legitimacy of Complaints Regarding the Regulation of Wolf Packs

Summary of the Facts

The Department for Infrastructure, Energy, and Mobility Graubünden (DIEM) ordered the removal and regulation of wolf packs with the approval of the BAFU, which was published in the cantonal official gazette. The regulation took place until January 2025. The complainants filed a complaint against the shooting orders, but the Court of Appeal of the Canton of Graubünden did not admit the complaint and denied free legal aid. The case was escalated to the Federal Court.


9C_465/2025: Inadmissibility of Direct Legal Claims of the Pension Fund City of Zurich

Summary of the Facts

A.________ was employed by the Canton of Zurich and later by the City of Zurich, and was insured for occupational pension with their respective pension funds. After a health decompensation and subsequent inability to work from August 2021, she applied for benefits from the disability insurance, which certified a disability degree of at least 75% and granted a full disability pension. A dispute arose regarding which pension fund is responsible for the disability benefits. The BVK denied its obligation to pay, arguing that the temporal connection between the previous inability to work and the later disability was interrupted.


9C_684/2025: Judgment on the Non-Handling of a Value Added Tax Complaint

Summary of the Facts

The A.________ AG filed a complaint in public law against a judgment of the Federal Administrative Court, which confirmed the tax demand of the Federal Tax Administration (ESTV) for the tax periods 2016 to 2019. The Federal Court then examined the complaint and found that it did not meet the legal requirements for justification.


1C_209/2025: Decision on the Establishment of a Planning Zone at the Wollishofen Lakeshore

Summary of the Facts

The Building Directorate of the Canton of Zurich established a planning zone for the Wollishofen lakeshore area at the request of the Zurich City Council, which includes the A.________ site and other parcels of the city. The aim was to secure a possible change in land use planning. The affected property owner A.________ AG appealed against this, whereupon the Building Appeals Court annulled the order. The Administrative Court of the Canton of Zurich restored the planning zone. Before the Federal Court, A.________ AG particularly objected to the violation of the principle of planning stability and the lack of a prevailing public interest in the planning zone.


7B_1031/2025: Decision on the Denial of Conditional Release from a Therapeutic Measure and Continuation of Placement in a Closed Facility

Summary of the Facts

The appellant was originally convicted of sexual offenses against children and individuals who were not capable of judgment or resistance, receiving a prison sentence and subsequently a custodial measure. This measure was later converted into a therapeutic measure. He was placed in a closed facility, and psychiatric treatment was initiated. Since then, he has contacted various instances to achieve conditional release or a change in the measure's execution, last filing a complaint with the Federal Court.


5A_35/2026: Inadmissibility of the Complaint and Denial of Free Legal Aid

Summary of the Facts

The A.________ AG filed a complaint before the Administrative Court of the Canton of Thurgau against the rejection of a land register change but did not pay the required advance for costs. A later request for free legal aid was denied by the Administrative Court on the grounds that legal persons generally have no right to free legal aid. The appellant approached the Federal Court, requesting the annulment of the preliminary decision and seeking a free material review of her complaint.


2C_710/2025: Decision on the Denial of a Residence Permit UE/EFTA for Public Order Reasons

Summary of the Facts

A.A., an Italian citizen, applied on January 15, 2024, for a UE/EFTA residence permit to visit his estranged wife and their son in Switzerland. Due to numerous criminal convictions and a previous entry ban, the responsible cantonal authority rejected the application. This rejection was confirmed by the cantonal council of the Canton of Ticino and later by the Administrative Court of the Canton of Ticino.


6B_851/2024: Dismissal of the Complaint

Summary of the Facts

A.________ was initially convicted in earlier instances of murder, various property offenses including aggravated robbery, and violation of the peace of the dead. Both the penalty and the legal qualification of his actions were adjusted, ultimately resulting in a 20-year prison sentence and a related internment judgment. The judgment addresses specific allegations and substantive as well as procedural responses from the defense's perspective.


1C_11/2026: Judgment on the Provisional Suspension of Driving License and the Consequences of Late Filing of Complaint

Summary of the Facts

The Road Traffic Office of the Canton of Zurich provisionally revoked A.________'s driving license and ordered a driving ability assessment. The subsequent appeal to the Security Directorate of the Canton of Zurich and the following complaint to the Administrative Court of the Canton of Zurich were dismissed. A.________ filed a complaint in public law with the Federal Court against the judgment of the Administrative Court. However, this was submitted late, and the Federal Court did not admit it.


5A_796/2025: Judgment on the Complaint in a Marriage Protection Procedure

Summary of the Facts

The parties are married and have a child together. They have been separated since December 1, 2023, and have been in a marriage protection procedure since January 31, 2024. By judgment of the District Court of Affoltern dated March 24, 2025, the separation was established, alternating custody for the child was ordered, and maintenance contributions from the father were determined. The mother appealed against this, which the Court of Appeal of the Canton of Zurich dismissed on July 14, 2025, as far as it was admitted. With a complaint in civil matters to the Federal Court, the mother asserted numerous requests that significantly deviate from the relevant conditions of the marriage protection procedure.


9C_538/2025: Judgment on Taxation in Inter-Cantonal Relations

Summary of the Facts

The spouses A.A. and B.A. live in U. (Canton of Lucerne) and are involved in various economic activities, including a GmbH and a sole proprietorship based in the Canton of Zug. For the tax year 2020, they submitted their tax returns to the authorities, while the tax office of the Canton of Lucerne assessed various tax amounts contrary to the submissions of the complainants. After a dismissive objection decision, the complainants filed a complaint with the Cantonal Court of Lucerne, which also dismissed it. With a complaint in public law, the spouses sought the cancellation of the tax assessment, the determination of income and assets according to the tax administration of the Canton of Zug, and compensation for excessive duration of proceedings.


5A_1101/2025: Inadmissibility of a Complaint in a Child Custody Matter

Summary of the Facts

The unmarried parents A.________ and B.________ are in dispute over child protection measures for their child C.________, born in 2020. The lower court, the Chambre des curatelles of the Cantonal Court of Vaud, decided to provisionally grant exclusive parental custody to the mother, partially amending and otherwise confirming the order of the lower instance. The mother filed a complaint with the Federal Court against this decision.


2C_402/2025: Regulation of Wolf Packs and Application for Free Legal Aid

Summary of the Facts

The Department of Security, Institutions, and Sports of the Canton of Valais approved the regulation of several wolf packs through culling. A complaint against this order was not addressed by the Cantonal Council of Valais due to lack of legitimacy. The Cantonal Court of Valais dismissed a request for free legal aid and, alternatively, for installment payments due to hopelessness. The complainant approached the Federal Court and requested the annulment of the Cantonal Court's rejection decision and the granting of free legal aid.


7B_1199/2025: Inadmissibility of Complaints in Criminal Matters Due to Late Filing

Summary of the Facts

A.________ filed a complaint with the Federal Court against two separate decisions of the Criminal Appeals Chamber of the Cantonal Court of Vaud dated September 4, 2025. The first decision concerned the rejection of a request for the assumption of procedural costs; the second concerned the dismissal of a complaint against the discontinuance order of the District Prosecutor of Lausanne. The complaints were submitted late (postage on November 6, 2025), leading to their inadmissibility being established.


6B_959/2025: Decision on the Timeliness of the Appeal Registration in a Criminal Procedure

Summary of the Facts

The appellant filed a complaint with the Federal Court against a presidential order of the Court of Appeal of the Canton of Zurich, in which an appeal against a prior judgment of the District Court of Zurich was not admitted. The reason for this was a late appeal registration. The Federal Court only examined the timeliness of the appeal registration, with the appellant not providing a corresponding justification, instead only citing substantive aspects that were not the subject of the proceedings.


7B_1020/2025: Denial of the Electronic Monitoring Regime

Summary of the Facts

A.________ was sentenced on November 19, 2024, by the Tribunal correctionnel des Arrondissements Lausanne for attempted serious bodily harm, endangering the lives of others, attempted coercion, qualified driving while intoxicated, and violations of the Weapons Act to a prison sentence of three years, of which 24.5 months were suspended. The conditional release from a previous conviction was revoked. On June 19, 2025, the Office d'exécution des peines (OEP) in the Canton of Vaud denied the granting of the electronic monitoring regime. The Chambre des recours pénale of the Court of the Canton of Vaud confirmed this decision on August 7, 2025.


5A_6/2026: Inadmissibility of the Request for Disqualification Against Employees of the District Court

Summary of the Facts

The appellant submitted a request for disqualification against all employees of the District Court of Muri in all proceedings, leading to the jurisdiction of the Court of Appeal of the Canton of Aargau to decide. There, it was pointed out that only the request for disqualification could be processed and that there was no jurisdiction for other concerns of the appellant, such as the review of the guardianship or instructions to the mother. The appellant subsequently filed a subsidiary constitutional complaint.


6B_766/2025: Dismissal of the Complaint for Negligent Bodily Injury

Summary of the Facts

A.________ was convicted by the Police Court of the District of Lausanne (judgment of October 22, 2024) for negligent bodily injury after he caused a collision with a motorcycle while turning without signaling, resulting in significant injuries to the motorcycle's passenger. The court imposed a suspended fine and an additional penalty but rejected A.________'s claim for compensation pursuant to Art. 429 para. 1 lit. a StPO and imposed the procedural costs on him. The appeal before the Criminal Appeals Chamber of the Cantonal Court of Vaud (judgment of March 21, 2025) and ultimately the present complaint to the Federal Court were unsuccessful.


5A_1085/2025: Judgment on the Appointment of a Guardian Pursuant to Arts. 394 and 395 of the Swiss Civil Code

Summary of the Facts

The parents of the legally incompetent son C.________, who suffers from an autism disorder, repeatedly requested the lifting of the representative guardianship or their appointment as guardians. Various KESB and cantonal court decisions appointed a professional guardian for the management of the son's income and assets, whereas the areas of "housing, organization of a daily structure, and medical representation" were lifted. The Cantonal Court of Basel-Landschaft dismissed the parents' renewed complaint.


7B_726/2025: Decision on the Admissibility of the Legal Remedy Regarding Conditional Release from a Therapeutic Measure

Summary of the Facts

A.________ was conditionally released from a therapeutic measure under Art. 59 StGB by the collegium of execution judges of the Canton of Vaud, on the condition that his deportation from Switzerland takes place. The therapeutic measure was extended until the enforcement of the deportation. The decision included further enforcement modalities. A.________ filed an appeal against this decision, aiming to reject the conditional release, as he still needs therapeutic support. The appeal was declared inadmissible by the Criminal Appeals Court of the Canton of Vaud due to lack of a legally protected interest.


6B_960/2025: Non-Admittance of the Complaint Against a Criminal Conviction and Deportation

Summary of the Facts

The Cantonal Court of Valais convicted the appellant of attempted serious bodily harm and sexual coercion to a prison sentence and a monetary fine. It also ordered a five-year deportation. The appellant filed a complaint against the judgment, particularly against the deportation, arguing that a hardship case exists and that witnesses were not properly involved.


5A_873/2025: Inadmissibility of a Complaint Regarding Revision

Summary of the Facts

The appellant A.________ challenged a decision of the Chambre de surveillance des Offices des poursuites and faillites of the Court of Justice of the Canton of Geneva, which concerned a revision regarding the invalidity of a debt collection. After filing the complaint, he was requested by the Federal Court to provide a cost deposit of CHF 1,500. Despite several extensions of the deadline and the setting of a final non-extendable deadline, no payment of the advance fee was made by the appellant.


5F_72/2025: Dismissal of the Request for Restoration of the Deadline and the Revision Request

Summary of the Facts

The applicant requested the restoration of the deadline in the procedure 5A_821/2025 and, if necessary, the revision of the judgment of the Federal Court dated September 29, 2025. The original procedure concerned the late submission of a complaint to the Federal Court against a decision of the Cantonal Court of Lucerne regarding the forced sale of a property. The applicant justified her missed deadline with a legal error caused by allegedly unclear communication and legal uncertainties.


2C_250/2025: Complaint Regarding the Regulation of Wolf Packs

Summary of the Facts

The Department for Infrastructure, Energy and Mobility Graubünden ordered the regulation and culling of several wolf packs. The complainants, including a minor daughter and her mother, filed a complaint in their own name as well as in the name of the affected wolves, invoking nature and environmental rights against this order.


6B_425/2025: Judgment on the Complaint Regarding Attempted Coercion and Arbitrary Evaluation of Evidence

Summary of the Facts

The complainant (A.________) was convicted by the District Court of Zurich, among other things, for attempted coercion, based on the statement of her husband B.________, who claimed that she had threatened to take away their common child if he filed a criminal complaint against her between December 1 and December 22, 2020. The judgment was confirmed by the Court of Appeal of the Canton of Zurich, with the penalty being slightly adjusted. The complainant then filed a complaint in criminal matters with the Federal Court and requested the complete annulment of the judgment in the disputed points as well as her acquittal.


1F_22/2025: Revision Procedure Regarding Judgment 1C_442/2024

Summary of the Facts

A.________ requested the revision of the Federal Court judgment 1C_442/2024 of June 30, 2025, which had dismissed the complaint against a decision of the Court of Appeal of the Canton of Zurich. In the relevant decision, the authorization to initiate a criminal proceeding against B.________ was refused. The applicant requested the annulment of the judgment, the granting of the authorization, and the initiation of criminal proceedings against several officials.


9C_708/2025: Non-Admittance Due to Late Complaint Regarding Property Tax

Summary of the Facts

The complainants A.A.________ and B.A.________ challenged the assessment of the property tax of the Canton of Bern for the tax period 2024. They filed a complaint against the judgment of the lower court, which did not admit their submission as it was submitted late.