Latest Judgments of the Federal Court
Here you will find the most recent judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and dispositives. For the remaining 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 you will receive the latest judgments tailored to your legal areas.
9C_474/2024: Cost Allocation in Appeal Proceedings Regarding Property Gain Tax
Summary of the Facts
The complainant sold two properties and was charged a tax amount for property gain tax. This amount was reduced multiple times during the cantonal legal proceedings and was partially set to CHF 0.-; for one of the properties, a tax deferral was granted. The point of contention in the present proceedings at the Federal Court is the allocation of costs in the lower-instance appeal proceedings regarding property gain tax.
Summary of the Considerations
1. (E. 1) – The complaint in public law matters is admissible as it is directed against a final instance judgment and has been filed in accordance with the rules.
2. (E. 2) – The Federal Court examines the violation of constitutional individual rights exclusively in the case of a qualified complaint. If this cannot be sufficiently substantiated, the complaint will not be further processed.
3. (E. 3) – The subject of the dispute is the allocation of costs to the complainant in the appeal proceedings. The administrative court has correctly applied the legal bases.
4. (E. 4)
4.1 – The lower instance found that the complainant did not prevail in the main application (complete tax exemption) as only a tax deferral was granted. The tax deferral should not be equated with tax exemption, which justifies the cost allocation to the complainant.
4.2 – The complainant's argument that she prevailed is not tenable. The Federal Court follows the assessment of the lower instance, according to which the cost allocation was justified based on the overall result of the process.
5. (E. 5) – The complaint is summarily dealt with and dismissed.
6. (E. 6) – The court costs are imposed on the complainant according to the loser principle.
Summary of the Dispositive
The complaint is dismissed and court costs of CHF 1,500.- are imposed on the complainant.
7B_138/2024: Complaint Regarding Unsealing and Searching a Mobile Phone
Summary of the Facts
The Public Prosecutor's Office of the Canton of Lucerne is investigating A.________ for money laundering and fraud. The coercive measures court granted the request for unsealing and searching her mobile phone by order of December 28, 2023. A.________ files a complaint with the Federal Court and demands the rejection of the unsealing request.
Summary of the Considerations
- **(1.1)** The Federal Court states that a complaint in criminal matters against a decision on unsealing is generally admissible, provided that the requirements for a complaint according to BGG are met. - **(1.2)** It is clarified that the contested decision can only be directly contested if it can cause an irremediable disadvantage of a legal nature. The disclosure of protected confidentiality rights can represent such a disadvantage but must be sufficiently substantiated. - **(1.3)** The complainant does not sufficiently demonstrate that unsealing could cause an irremediable disadvantage. Despite references to professional secrecy and personal rights, the reasoning remains insufficient, so the requirements for the subject matter are not met. The court does not admit the complaint. - **(2)** The court costs are imposed on the complainant.
Summary of the Dispositive
The court does not admit the complaint and imposes court costs on the complainant.
9C_100/2025: Withdrawal of the Legal Remedy Regarding Covid-19 Income Compensation
Summary of the Facts
The complainant, A.________, filed a legal remedy on February 12, 2025, against a decision of the cantonal court of Neuchâtel dated January 15, 2025. This decision concerned the assessment of entitlement in the field of income compensation due to Covid-19. By letter dated April 15, 2025, the complainant announced that she was withdrawing the legal remedy filed.
Summary of the Considerations
1. (Art. 32 para. 2 and Art. 71 BGG in conjunction with Art. 73 para. 1 ZPO): Due to the declared withdrawal of the legal remedy, the matter is removed from the register. 2. (Art. 66 para. 2 BGG): It is justified not to impose court costs, as the withdrawal has taken place and the cost regulation provides accordingly.
Summary of the Dispositive
The matter is removed from the register and no court costs are imposed.
9C_533/2023: Judgment on the Admission Regulation for Doctors in the Canton of Zug
Summary of the Facts
Dr. med. A.________, a specialist in gynecology and obstetrics, filed two complaints against the ordinance issued by the Department of Health of the Government Council of the Canton of Zug regarding the admission of doctors in the outpatient sector and its annex. The complainant requested the repeal of the ordinance and the establishment of a transitional regulation. The complaints particularly concerned the regulation of maximum numbers for doctors in the outpatient sector and the criteria for the admission of new service providers.
Complete summary of the judgment can be found in the Portal.
6B_42/2024: Judgment Regarding Expulsion Due to Serious Crimes
Summary of the Facts
A.A.________, a Kosovo national, was convicted of serious offenses such as money laundering, serious violations of drug laws, and incitement to illegal entry/illegal stay in Switzerland, receiving a prison sentence of 4 years and being expelled from Switzerland for 8 years. She appealed, which was dismissed by the cantonal appeal instance.
Complete summary of the judgment can be found in the Portal.
2C_564/2024: Decision on Residence Permit and Proceedings Regarding Violence Allegations
Summary of the Facts
The Venezuelan national A.________ entered Switzerland in 2022 and received a residence permit through family reunification after marrying B.________, a holder of a settlement permit. After only two months, the couple separated amid allegations of mutual violence. B.________ filed a criminal complaint and requested the annulment of the marriage contract or divorce, which was granted on June 3, 2024. During the separation, the cantonal office revoked A.________'s residence permit and ordered his departure from Switzerland.
Complete summary of the judgment can be found in the Portal.
5A_264/2025: Decision Regarding Complaint Against the Decision on Suspensive Effect in a Family Law Matter
Summary of the Facts
A.________ and his wife B.________ are involved in a family law proceeding to protect the marital community. The first-instance decision of January 13, 2025, awarded custody of their child C.________ to the father and established a minimal visiting right for the mother. B.________ appealed this decision and requested the suspensive effect, which was granted by the cantonal court by decision of March 5, 2025. A.________ challenged this decision before the Federal Court, requesting among other things the revocation of the suspensive effect and free legal aid.
Complete summary of the judgment can be found in the Portal.
8C_526/2024: Judgment on Pension Revision and Retroactive Pension Termination in the Field of Disability Insurance
Summary of the Facts
The complainant A.________, who had been receiving a full disability pension since 1997, underwent a pension revision after the responsible IV office in Lucerne concluded, following an observation, that there was no further impairment. The pension entitlement was retroactively revoked as of January 30, 2016. During the revision, various medical reports were obtained, including a psychiatric report. The court of first instance partially confirmed the pension revocation as of this date. The complainant requested, among other things, the revocation of the first-instance judgment regarding the pension termination and a further clarification of the facts.
Complete summary of the judgment can be found in the Portal.
7B_213/2025: Judgment on Non-Admission of a Criminal Investigation and Process Bail
Summary of the Facts
The Public Prosecutor's Office in Emmen discontinued a criminal investigation by order of November 29, 2024. The complainant approached the Cantonal Court of Lucerne, which, by order of January 31, 2025, did not admit her complaint because the required process bail according to Art. 383 para. 2 StPO was not provided in a timely manner. The complainant then filed a criminal complaint with the Federal Court to overturn this order.
Complete summary of the judgment can be found in the Portal.
7B_230/2025: Decision Regarding Measures as an Alternative to Pre-Trial Detention
Summary of the Facts
A.________ is accused of making threats under Art. 180 StGB and public incitement to crime or violence under Art. 259 StGB. The accusations are based on several written and verbal threats against public officials, private individuals, and the Jewish community, as well as other conspicuous behaviors. Following an expert assessment, A.________ was classified as severely mentally ill. In light of a high risk of recidivism and the severity of the threats, he was initially placed in pre-trial detention. Later, the cantonal criminal chamber ordered his release under strict alternative measures, which he contested with a complaint to the Federal Court.
Complete summary of the judgment can be found in the Portal.
1D_2/2024: Decision on Archiving a Naturalization Due to Inadmissibility
Summary of the Facts
The Lebanese citizen A.________ applied for ordinary naturalization in Switzerland in 2008. After a positive assessment, it was determined that A.________ had several debts and outstanding tax payments. Moreover, he did not submit important documents, became irreparably lost, and left Switzerland. His residence permit expired, and an entry ban was issued. The Canton of Ticino archived his naturalization request. A.________ later requested a formal decision stating that the naturalization had not lapsed. His request was denied, leading him to file a subsidiary constitutional appeal to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_803/2024: Decision on the Type of Liquidation of Shares in Joint Assets
Summary of the Facts
The simple partnership consisting of spouses A.________ and B.________ holds joint assets (real estate), which were seized due to debt enforcement claims. To determine the type of liquidation of B.________'s share, the debt enforcement office conducted a conciliatory hearing, to which A.________ was not formally invited. After the failure of the agreement, the government council decided to dissolve the partnership. A.________ unsuccessfully contested this decision before the supervisory authority and approached the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_535/2023: Decision on the Admission Regulation for Doctors in the Canton of Zug in the Outpatient Sector
Summary of the Facts
The government council of the Canton of Zug issued an ordinance and an annex that set maximum numbers for specialist doctors in the outpatient sector. This regulation is based on Art. 55a KVG and the corresponding federal regulations. Three orthopedic surgeons filed complaints with the Federal Court. They request, among other things, the repeal of the ordinance and the annex, as well as the introduction of a transitional regulation. Various fundamental rights and principles such as economic freedom, the separation of powers, and good faith are claimed to have been violated.
Complete summary of the judgment can be found in the Portal.
1C_572/2024: Voting Rights Complaint Regarding the Initiative "Hochdorf is Ready for Emission-Free Vehicles"
Summary of the Facts
Roman Bolliger filed a voting rights complaint against the municipal council of Hochdorf and the Cantonal Court of Lucerne. The subject of the dispute was the handling of a popular initiative aimed at promoting the expansion of infrastructure for emission-free vehicles. The municipal council proposed an indirect counter-proposal that provided for funding in case of rejection of the initiative. Roman Bolliger objected that this conduct had impaired free will formation and equal opportunities. The initiative was rejected in the public vote, leading to further complaints. The Federal Court examined the allegations and dismissed the complaint.
Complete summary of the judgment can be found in the Portal.
7B_1296/2024: Decision on the Admissibility of a Renewed Rejection Request
Summary of the Facts
The complainant, a lawyer, was convicted of multiple serious disloyal management offenses. The first-instance judgments were partially overturned on appeal, and the matter was remitted to the original court for re-evaluation. The complainant then filed a rejection request against the president of the competent first-instance court, wanting the matter to be transferred to another court. The grounds for the complaint included that the president of the court had allegedly been biased in previous proceedings. The lower instance declared the rejection request as late and thus inadmissible.
Complete summary of the judgment can be found in the Portal.
2C_61/2025: Refusal to Renew a Residence Permit UE/EFTA
Summary of the Facts
The complainant, a French national, received a residence permit with employment in Switzerland in 2016. She ended her employment at the end of 2017, and from 2021 she was receiving social assistance. Her application for renewal of the residence permit was denied as she did not meet the requirements according to the provisions of the Free Movement of Persons Agreement (ALCP) and the relevant regulations.
Complete summary of the judgment can be found in the Portal.
7B_1396/2024: Non-Admission of a Complaint in Criminal Matters
Summary of the Facts
A.________ claimed to have evidence of a comprehensive terrorism plot involving the "B.________ group," which included international economic and political manipulations. The criminal complaint he filed was not pursued further.
Complete summary of the judgment can be found in the Portal.
5A_416/2024: Decision on the Dispute Over Parental Custody and Child Welfare
Summary of the Facts
The judgment concerns a father's efforts to enforce alternating custody for his child C.________ after the lower instance awarded sole custody to the mother. The child is from an extramarital relationship. The relationship between the parents ended due to domestic violence for which the father was criminally convicted. He sought alternating custody, while the mother demanded sole custody with visitation rights for the father and alimony.
Complete summary of the judgment can be found in the Portal.
6B_8/2025: Judgment on the Admissibility of a Late Complaint Against the Finality of a Criminal Order
Summary of the Facts
A.________ was convicted by the Public and Juvenile Prosecutor's Office of the Canton of Glarus by criminal order for a serious violation of traffic rules and fined. After A.________ failed to appear for an interrogation without excuse despite being informed, the prosecution declared the criminal order final. The complainant's appeal against this declaration of finality was not dealt with by the Glarus Higher Court due to late filing. A.________ requested the Federal Court to remand the case for the granting of an extension according to Art. 385 para. 2 StPO.
Complete summary of the judgment can be found in the Portal.
4A_153/2025: Judgment on Representation Authority in Civil Matters
Summary of the Facts
The complainant appealed against a first-instance decision regarding a leasing contract, which was rejected by the Higher Court due to late submission. The application for free legal aid was also denied. The complainant then filed a complaint with the Federal Court, whereby her representative, B.________, did not possess the necessary representation authority according to the Attorney Act. The Federal Court set a deadline for the complainant to remedy the representation deficiency, which expired unused.
Complete summary of the judgment can be found in the Portal.
5A_238/2025: Decision on the Inadmissibility of a Right to Appeal in Debt Enforcement Proceedings
Summary of the Facts
The complainant A.________ was subject to enforcement actions by the municipality of X.________ and another creditor (B.________ SA). The Mendrisio debt enforcement office determined on July 11, 2024, the attachable income quota amounting to CHF 1,890.--, based on an estimated monthly net income of CHF 4,000.--. The complainant made multiple requests to reduce this amount to CHF 2,400.--, without providing evidence of his actual income. The final cantonal decision of March 14, 2025, declared the complainant's renewed objection inadmissible as a final judgment already existed on the same matters.
Complete summary of the judgment can be found in the Portal.
9C_653/2024: Decision on the Contribution Obligations of a Non-Employed Person under AHV/IV/IPG
Summary of the Facts
The complainant A.________ applied for an old-age pension from the cantonal compensation office of the Canton of Ticino at the end of 2022. After reviewing her individual account, the office found that no AHV/IV/IPG contributions had been registered for several years and retroactively registered the complainant as a non-employed person as of January 1, 2017. Based on her assets, provisional contribution invoices were created. A.________ disputed her contribution status and filed a complaint against the decisions. After her complaint was dismissed by the cantonal insurance judiciary, she approached the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_529/2023: Judgment on the Admission Restriction of Doctors in the Outpatient Sector in the Canton of Zug
Summary of the Facts
The government council of the Canton of Zug issued an ordinance and an annex restricting the admission of doctors in the outpatient sector. This was based on Art. 55a KVG and the Federal HZV. The complainants, a dermatologist and a company active in dermatology, are contesting the ordinance and the annex. They object, among other things, to the lack of transitional regulations, insufficient coordination between the cantons, and alleged violations of rights, particularly regarding economic freedom, the prohibition of discrimination, and property guarantees.
Complete summary of the judgment can be found in the Portal.
2C_39/2025: Use of Public Land – Dispute Over Approval Requirements for Companies in the Area of Emptying and Related Work
Summary of the Facts
A. D.________ SA, A.________ SA, B.________ SA, and C.________ SA, which are active in the field of emptying and related work, were informed by the city of Geneva about a platform for reserving public space upon request. The companies complained that they must apply for a permit for each intervention and requested a formal decision to clarify whether they fall under this regulation. The city of Geneva rejected their request in a document, stating that their work should be processed under "construction site registrations," which requires a different procedure. This regulation was qualified as non-appealable communication in the cantonal instances, so the companies appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_1171/2024: Decision on the Admissibility of a Spatial Rejection
Summary of the Facts
The complainant A.________ requested the rejection of former public prosecutor Karin Wirthner Zinggeler, who had been involved in his criminal case years ago. He justified this with newly discovered conversation notes, which he viewed as grounds for bias, and claimed to have acted in a timely manner on the proposed timeframe. The Cantonal Court rejected the request due to late submission.
Complete summary of the judgment can be found in the Portal.