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 including facts, considerations, and dispositional statements. For the further 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.
4A_128/2025: Judgment on Real Estate Purchase Agreement and Warranty Liability
Summary of the Facts
The seller A.________ sold a building in U.________, where significant construction defects were later found, particularly a defective water collection channel under the building. The buyers B.________ SA and C.________ SA are claiming damages for the costs of remedying the defects and compensation for the loss of value caused by the defect. The purchase agreement contained a clause excluding warranty liability. The cantonal authorities ruled in favor of the buyers, arguing that the warranty liability was effective despite the exclusion clause, as the seller had intentionally concealed the defect.
Summary of the Considerations
The basic requirements for the admissibility of the complaint according to Art. 74 para. 1 lit. b and Art. 100 para. 1 BGG are met. The Federal Court examines violations of federal law (Art. 95 BGG) ex officio, but only on the basis of the facts established by the lower court (Art. 105 para. 1 BGG). A correction of facts is only possible in cases of arbitrariness or violations of the law. Regarding liability under Art. 197 OR, it was established that the building had a significant defect at the time of sale. The buyers could expect that the water collection channel was functional. The fact that the channel was in poor condition and known to the seller constitutes the defect. The seller argued that the municipality was responsible for the repair of the channel. The Federal Court dismissed this, as it was neither proven nor plausible that the municipality had clearly assumed this obligation. The defect remains relevant concerning the condition of the building. According to Art. 199 OR, a warranty exclusion clause is ineffective if the seller has intentionally concealed the defect. The Federal Court confirmed the lower court's finding that the seller had consciously concealed the poor condition of the channel, which was relevant for the buyers. The Federal Court rejects the seller's complaints and confirms that the warranty exclusion clause is ineffective due to deception.
Summary of the Dispositif
The dispositif states that the complaint is dismissed and the court costs are imposed on the complainant.
7B_644/2025: Inadmissibility of the Subsidiary Constitutional Complaint and Dismissal of the Criminal Complaint
Summary of the Facts
The proceedings concerned the criminal investigation against B.________ regarding the accusation of rape of his ex-partner A.________ on May 12, 2022. The behavior of the accused as well as the credibility of the victim were disputed. The proceedings were discontinued as there was insufficient evidence for a sufficient suspicion of guilt. The lower court confirmed the discontinuation order.
Summary of the Considerations
The Federal Court examined the jurisdiction and admissibility of the submissions (Art. 29 para. 1 and Art. 78 et seq. BGG) and admitted the complaint. Regarding the application of the principle "in dubio pro duriore", the court stated that a discontinuation of the criminal investigation is only permissible if it is clear that the conditions for a conviction are not met. In this case, there was no clear evidence in favor of the victim that made a conviction more likely than an acquittal. Regarding the punishability of the incident, sufficient conviction of a clear prohibition (e.g., violence or coercion according to Art. 190 a.F. StGB) was not established. The allegations denied by the accused could not be substantiated by objective evidence or witness statements. The victim's behavior during and after the incident was also assessed by the lower court and raised doubts about the evidence. It was determined that no further significant investigative steps were required, as the psychiatric report of the victim contained only results based on her statements and could not substantiate new facts. The alleged violation of the right to an effective investigation (Art. 3 and 8 ECHR) was deemed unfounded, as the authorities had conducted adequate and significant investigations.
Summary of the Dispositif
The subsidiary constitutional complaint was declared inadmissible and the criminal complaint was dismissed. The complainant was granted free legal assistance.
1C_339/2025: Withdrawal of Driving License Due to Serious Violations
Summary of the Facts
The complainant A.________ exceeded the permissible highway speed in Germany by 44 km/h and was fined and banned from driving there. Due to previous withdrawals of the driving license for serious violations, the road traffic office of the canton of Zug withdrew his driving license indefinitely, for at least 24 months (security withdrawal). The complaint to the administrative court of the canton of Zug was dismissed. The complainant then filed a complaint with the Federal Court, requesting an oral hearing and the referral back to the lower court.
Summary of the Considerations
The complaint in matters of public law is admissible, as there is a final cantonal decision regarding the withdrawal of the driving license and the prerequisites for the assessment are met. The Federal Court examines violations of federal law, international law, and cantonal constitutional rights according to the general requirements for justification. It bases its assessment on the facts established by the lower court, unless these are obviously incorrect or legally flawed. The complainant alleged a violation of Art. 6 para. 1 ECHR on the grounds that the present case concerns a warning rather than a security withdrawal. The Federal Court confirms the qualification as a security withdrawal according to Art. 16c para. 2 lit. d SVG, as the irrefutable legal presumption of lacking personal driving ability applies. The lower court was therefore not obliged to conduct a public and oral hearing. The suspensive effect granted to the complainant in the previous proceedings was contradictory but does not affect the main matter in the federal court proceedings.
Summary of the Dispositif
The complaint was dismissed, the court costs were imposed on the complainant, and no party compensations were awarded.
6B_667/2025: Judgment on the Challenge of Civil Claims in a Criminal Proceeding for Asset Crimes
Summary of the Facts
A.________ was sentenced by the Tribunal de Police of the Canton of Geneva to ten months of imprisonment with a probation period of three years for breach of trust and fraud, and was ordered to pay damages to B.________ in the amount of 332,976 Swiss Francs and 84,246.44 Euros as well as other amounts. Through appeal, the amount of damages was adjusted to a total of 1,065,975 Swiss Francs with interest in the lower court. A.________ filed a complaint with the Federal Court against the appeal judgment to amend and reduce this judgment, and also made further requests for support through free legal assistance.
The complete summary of the judgment can be found in the Portal.
6B_83/2025: Judgment on Cost and Compensation Consequences in Case of Acquittal and Discontinuation of Proceedings
Summary of the Facts
The appeal procedure concerns a dispute over cost and compensation consequences of a criminal proceeding that was first conducted before the District Court of Kulm and later before the Cantonal Court of Aargau. The proceedings against the respondent for assault and breach of the peace were discontinued or ended with an acquittal. The Cantonal Court imposed the procedural costs on the complainant and ordered her to compensate the respondent. The complainant appeals against this decision, arguing that the costs should be borne by the state and that she cannot be obliged to compensate the respondent.
The complete summary of the judgment can be found in the Portal.
7B_735/2023: Judgment on Defamation
Summary of the Facts
The complainant A.________ and the complainant B.________ were convicted by the first-instance court for defamation (slander) and additionally B.________ for calumny (calumny). The judgments are based on defamatory statements and publications on social media as well as in an email to third parties that were defamatory towards the private plaintiffs C.________ and D.________. The lower court dismissed the appeals of the complainants.
The complete summary of the judgment can be found in the Portal.
2C_519/2025: Free Representation in Proceedings Regarding Dog Breeding Prohibitions and Measures
Summary of the Facts
The complainant A.________, who kept numerous dogs and against whom animal welfare measures were taken, requested free legal representation in the proceedings before the Cantonal Court of Lucerne. The lower court refused this, among other reasons, arguing that the necessity for free legal assistance was not given. A.________ therefore filed a complaint in matters of public law with the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_1082/2025: Judgment Regarding Non-Admission of a Complaint and Free Legal Assistance
Summary of the Facts
The complainant requested the determination of the nullity of two wills due to the unworthiness of the respondent before the cantonal authorities and supplementary inheritance and information law claims. By judgment of the District Court of Zurich on August 18, 2025, many legal requests were not admitted, and the others were dismissed. The Cantonal Court of Zurich also did not admit the appeal of the complainant and the request for disqualification on the grounds of insufficient substantive justification. In submissions to the Federal Court, the complainant attempted to contest these decisions.
The complete summary of the judgment can be found in the Portal.
7B_1249/2024: Judgment on Procedural Separation According to Art. 30 StPO
Summary of the Facts
In the present case, the criminal proceedings against A.A.________ and B.A.________ were originally joined by the District Court of Horgen due to close factual connections. A.A.________ made various requests before the main hearing, which were rejected, and subsequently did not appear at the main hearing. The proceedings against A.A.________ were then separated and continued under a new case number. A.A.________ filed a complaint against this decision of the District Court of Horgen, which was not addressed by the Cantonal Court of Zurich as she had no current interest in legal protection due to the pending appeal proceedings regarding the already issued first-instance judgment against B.A.________.
The complete summary of the judgment can be found in the Portal.
5A_1083/2025: Non-Admission of a Complaint Regarding an Inheritance Determination Action and Free Legal Assistance
Summary of the Facts
The Federal Court is dealing with a complaint from A.________, which is directed against a decision of the Cantonal Court of Zurich. The Cantonal Court did not admit a cantonal complaint due to insufficient justification and requests. In the federal court proceedings, it is also determined that the complaint does not meet the legal requirements for justification. Free legal assistance is denied due to the hopelessness of the complaint; the court costs are imposed on the complainant.
The complete summary of the judgment can be found in the Portal.
7B_1202/2025: Non-Admission of the Complaint Regarding the Execution of Measures
Summary of the Facts
The complainant was returned to the execution of a stationary therapeutic measure according to Art. 59 StGB for two years by the judgment of the Cantonal Court of Zurich on September 15, 2025, which had already been ordered and extended before. Against this judgment, the complainant filed a complaint in criminal matters with the Federal Court on November 6, 2025.
The complete summary of the judgment can be found in the Portal.
7B_821/2025: Non-Admission of the Complaint
Summary of the Facts
A.________ filed a complaint against a non-admission order of the Public Prosecutor's Office of the District of East Vaud on April 2, 2025. The Criminal Court of the Canton of Vaud, Chamber of Criminal Complaints, dismissed the complaint (as far as it was admitted) on June 4, 2025. A.________ then submitted a complaint in criminal matters to the Federal Court and requested free legal assistance.
The complete summary of the judgment can be found in the Portal.
6B_623/2025: Judgment on the Seizure and Utilization of a Seized Property
Summary of the Facts
The Federal Court assesses a complaint from A.A.________ against the seizure and utilization of a property that is half owned by her and her husband B.A.________. The lower courts concluded that the property was economically entirely part of the assets of B.A.________ and was financed with unlawfully obtained assets. The complainant particularly alleged a violation of her right to be heard, the fiscal motivation of the measures, and the alleged destruction of existence due to the seizure.
The complete summary of the judgment can be found in the Portal.
6B_690/2025: Judgment on a Speeding Violation and Gross Violation of Traffic Rules in Urban Areas
Summary of the Facts
A.________ was recorded on April 15, 2023, within the city limits at a speed of 76 km/h (after deducting tolerance) instead of the permitted 50 km/h. The Public Prosecutor's Office of Glarus convicted him to a conditional fine of 30 daily rates of CHF 840.-- and a fine of CHF 6,300.--. The Cantonal Court of Glarus imposed an unconditional fine of 30 daily rates of CHF 1,000.--. The Cantonal Court of Glarus reduced this to 24 daily rates of CHF 750.--. The complainant requested with a complaint to the Federal Court a reduction to a fine due to a minor traffic violation and a reassessment of the procedural costs.
The complete summary of the judgment can be found in the Portal.
5A_1103/2025: Judgment Regarding Information of the Former Legal Representative About the Decision on Free Legal Assistance
Summary of the Facts
The complainant had filed a request for free legal assistance at the District Court of Weinfelden, which was rejected due to his financial situation. The former legal representative, lawyer B.________, later requested a copy of the decisions regarding free legal assistance, which was granted to him after the expiration of the appeal period. Against this order of the District Court, the complainant filed a complaint with the Cantonal Court of Thurgau, which partially did not admit it and otherwise dismissed it. The complainant appealed to the Federal Court and made requests that could be associated with the positions of the so-called state refusers movement.
The complete summary of the judgment can be found in the Portal.
7B_1078/2025: Decision of the Federal Court Regarding the Admissibility of a Complaint in a Criminal Matter
Summary of the Facts
A.________ filed a complaint against an order of the Public Prosecutor's Office of the District of Lausanne from September 19, 2025, which rejected the conduct of a new psychiatric expert opinion. The cantonal complaint authority, the Criminal Complaint Chamber of the Cantonal Court of Vaud, declared the complaint inadmissible on September 30, 2025, due to insufficient justification. A.________ then filed a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_525/2025: Decision of the Federal Court on the Party Status of the Victim and the Quality for Complaint
Summary of the Facts
The victim A.________ filed a complaint against a judgment of the Cantonal Court of Fribourg, which acquitted the accused B.________ in a criminal proceeding for sexual acts with children and pornography and referred her to civil law. Originally, B.________ was convicted by the police court of Veveyse. The victim sought the recognition of her civil claims, including a symbolic compensation for pain of one Swiss Franc. The Federal Court examined the complaint regarding party status and quality for complaint and decided not to admit the complaint.
The complete summary of the judgment can be found in the Portal.
6B_839/2024: Decision in the Complaint Procedure Regarding Sentencing and Deportation
Summary of the Facts
The complainant, a Kosovo national with a C residence permit, was convicted by the CARP – last after an appeal in June 2024 – for qualified violation of the Narcotics Act and money laundering to a prison sentence of 10 years. In addition, her deportation from Switzerland for the duration of 9 years was ordered and noted in the Schengen Information System (SIS). She is appealing against this judgment, particularly against the severity of the sentence and the deportation.
The complete summary of the judgment can be found in the Portal.
8C_78/2025: Judgment Regarding Accident Insurance and Accident Causality
Summary of the Facts
The roofer A.________ reported two accidents that led to complaints and treatments of his left shoulder. Initially, Suva recognized the obligation to provide benefits but later discontinued the case and denied a connection between the complaints and the reported accidents. The lower court confirmed this and relied on medical assessments that predominantly suggest degenerative causes for the shoulder complaints.
The complete summary of the judgment can be found in the Portal.
7B_1235/2025: Inadmissibility of the Complaint
Summary of the Facts
The complainant A.________ filed a complaint in criminal matters on October 18, 2025, against a decision of the District Court of Muri from December 16, 2024, regarding the disqualification. During the proceedings, he failed to pay the required advance costs despite a deadline extension. Furthermore, the complaint was not directly challengeable before the Federal Court and was also late.
The complete summary of the judgment can be found in the Portal.
7B_1369/2025: Judgment Regarding the Non-Admission Order and Quality for Complaint in Criminal Matters
Summary of the Facts
The Federal Court examined the complaint from A.________ against a decision of the Chambre pénale de recours of the Cour de justice of the Canton of Geneva from November 13, 2025, which rejected the complaint against a non-admission order of the Geneva Public Prosecutor's Office from June 10, 2025. The complainant did not raise any civil claims and additionally improperly requested the granting of free legal assistance.
The complete summary of the judgment can be found in the Portal.
8C_104/2025: Decision on the Calculation of Valid Income and Claim for Disability Pension
Summary of the Facts
The complainant registered in 2019 for benefits from the disability insurance due to a health impairment (clival meningioma). The IV office of the canton of Zurich denied her pension claim. However, the cantonal lower court recognized a claim for a disability pension of 56% from August 2023. In the complaint to the Federal Court, the complainant requests a higher disability pension and earlier payment.
The complete summary of the judgment can be found in the Portal.
6B_911/2025: Decision Regarding Revision and Procedural Costs
Summary of the Facts
The complainant A.________ was convicted by the Criminal Chamber of the District Court of Veveyse on October 3, 2022, for sexual coercion, rape, and unauthorized access to a computer system to a prison sentence of three years, of which two years were conditional. After a subsequent appeal procedure before the Criminal Appellate Chamber of the Cantonal Court of Fribourg, the prison sentence was reduced to two years with five years of conditional release. In a further procedure before the Federal Court, the matter regarding the sentence was referred back. After the resettlement of the sentence by the Criminal Appellate Chamber of Fribourg (33 months of imprisonment, of which 12 months unconditionally), the complainant submitted two applications for revision, one of which he declared to be irrelevant. The second revision application was rejected by the cantonal authority with the imposition of procedural costs.
The complete summary of the judgment can be found in the Portal.
7B_1389/2025: Non-Admission of a Complaint Regarding Retroactive Data Collection
Summary of the Facts
The complainant A.________ filed a complaint against the decision of the Cantonal Court of Aargau (Complaint Chamber in Criminal Matters) from November 11, 2025. The subject was the retroactive collection of data. The Federal Court examined the timeliness and admissibility of the complaint.
The complete summary of the judgment can be found in the Portal.
7B_1205/2025: Inadmissibility of the Complaint
Summary of the Facts
A.________ filed a complaint in criminal matters against a decision of the Criminal Appeal Chamber of the Cantonal Court of Vaud. This had dismissed A.________'s appeal against a discontinuation order of the District Administrator of La Côte on October 7, 2025, as far as it was admitted. A.________ believed that the contested decision affected her civil claims. However, the lower court noted that A.________ had not sufficiently substantiated her civil claims.
The complete summary of the judgment can be found in the Portal.
4A_61/2025: Judgment Regarding Contract Performance and Defect Complaint
Summary of the Facts
The dispute concerns a work contract between A.________ (client) and B.________ SA (contractor) regarding a construction project for the extension of a building. The client accuses the contractor of the work being defective, in particular not being fire-resistant according to the applicable regulations. The contractor denies this and refers to the plans and instructions of the architect. It is particularly disputed whether the client raised a proper complaint about the defect within the deadline of Art. 172 SIA 118.
The complete summary of the judgment can be found in the Portal.
5A_924/2025: Decision Regarding the Consequences of the Divorce Judgment and Its Contestability
Summary of the Facts
The parties, A.________ and B.________, have been married since 1999 and separated since 2015. The first-instance court pronounced the divorce and approved an agreement on the ancillary consequences. However, the cantonal court decided that the agreement was concluded by the complainant under a lack of mature consideration (Art. 279 para. 1 ZPO) and revoked the approval. The dispute over the ancillary consequences was referred back to the first-instance court.
The complete summary of the judgment can be found in the Portal.
7B_1366/2025: Judgment Regarding Preventive Custody and Violation of the Acceleration Mandate
Summary of the Facts
A.________, who is in preventive custody due to various offenses (including professional and gang theft and arson), requested his release, citing a violation of the acceleration mandate. The coercive measures court and the Cantonal Court of Aargau rejected this request. A.________ filed a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
7B_1171/2025: Discontinuation Orders of the Public Prosecutor's Office See/Oberland: Procedural Requirements for Civil Claims in the Appeal Procedure
Summary of the Facts
Several complainants allege in complaints against separate discontinuation orders of the Public Prosecutor's Office See/Oberland and the subsequent decisions of the Cantonal Court of Zurich that they have claims for restitution against H.________ AG and its responsible bodies. They argue that these claims qualify as civil claims according to Art. 81 para. 1 lit. b no. 5 BGG and therefore legitimize the complaint.
The complete summary of the judgment can be found in the Portal.
7B_1257/2025: Judgment Regarding Non-Admission and Non-Admission
Summary of the Facts
The complainant filed a complaint in criminal matters against the order and decision of the Cantonal Court of Zurich, III. Criminal Chamber, from October 3, 2025, which concerned the non-admission order of the Public Prosecutor's Office of Limmattal/Albis and the request for free legal assistance.
The complete summary of the judgment can be found in the Portal.
5A_966/2025: Decision Regarding Alleged Delay of Justice in Parental Rights and Maintenance Regulations
Summary of the Facts
The judgment concerns an alleged delay of justice (so-called Déni de justice) in connection with proceedings for the determination of parental rights and the maintenance arrangement for a child. The complainant A.________ complains about the delays in decisions by the first-instance judge and the decision of the cantonal court of the Canton of Vaud from October 30, 2025, which denied a delay of justice. The present processes concern both provisional measures and the main proceedings. Various formal steps were taken, including provisional agreements between the parties, the exchange of documents, and judicial orders.
The complete summary of the judgment can be found in the Portal.
8C_268/2025: Judgment Regarding the Denial of a Claim for a Disability Pension
Summary of the Facts
The complainant A.________, who has been living in Switzerland since 2008, registered for benefits from the disability insurance due to health complaints (insomnia, dizziness, mental problems, epileptic seizures). The IV office in Bern determined a degree of disability of 30% from September 2021 and 37% from January 2024 and denied a claim for a disability pension as there was no qualifying degree of disability of 40%. The Administrative Court of the Canton of Bern confirmed this decision, against which the complainant filed a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
8C_511/2025: Judgment on the Support Residence in the Context of Social Assistance
Summary of the Facts
The dispute concerns the financial responsibility for the economic social assistance of a deceased woman (A.________ deceased). After the death of her life partner and a move from the Canton of Bern to the Canton of Zurich, she established her center of life with her daughter in Zurich and later moved to a nursing home in the Canton of Zurich. The city V.________ supported her with social assistance, while the cantonal authorities of Zurich and Bern disagreed over the cost obligation. The Canton of Bern filed an objection against the support notice from the Canton of Zurich, which ultimately led to clarification before the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_444/2025: Judgment on Anticipated Evidence Assessment and Application of the Principle "in dubio pro reo"
Summary of the Facts
The District Court of Brig, Eastern Raron and Goms convicted A.________ for gross violation of traffic rules. However, the Cantonal Court of Valais acquitted him, basing its decision on doubts about his culpability according to the principle "in dubio pro reo". The Public Prosecutor's Office of Valais subsequently filed a complaint with the Federal Court. The subject of the dispute is the rejection of a request for evidence for the hearing of A.________'s cousin by the lower court.
The complete summary of the judgment can be found in the Portal.
1C_410/2025: Non-Admission of the Complaint Against a Decision of the Cantonal Council of Zurich Regarding the Popular Initiative 'More Affordable Housing in the Canton of Zurich'
Summary of the Facts
The initiative committee 'More Affordable Housing in the Canton of Zurich', Jacqueline Badran and Ulrich Keller filed a complaint on July 30, 2025, in matters of public law against a decision of the Cantonal Council of Zurich from June 30, 2025, regarding the cantonal popular initiative 'More Affordable Housing in the Canton of Zurich'. On December 18, 2025, the complainants withdrew their complaint in writing.
The complete summary of the judgment can be found in the Portal.
5A_615/2024: Obligation to Contribute to Maintenance Payments Between Divorced Spouses – Method of Determining Maintenance and Duration of Payments
Summary of the Facts
The parties, married since 1988, have lived separately since 2018 and have been divorced since 2024. The husband, who earned a high income, was ordered to pay the former wife a monthly maintenance of CHF 5,500 until his AHV retirement age (65 years). The wife appealed to obtain a higher and longer maintenance payment. However, the cantonal lower court confirmed the decision of the first instance, after which the wife filed a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
9C_637/2025: Inadmissibility of the Complaint
Summary of the Facts
A.________, the complainant, filed a complaint on November 11, 2025, against a decision of the Cantonal Court of Fribourg, II. Social Insurance Court, from October 8, 2025. The cantonal court had declared this complaint inadmissible due to lateness. The complainant argued that her concerns had not been taken into account by various authorities, claimed financial difficulties, and requested the conduct of a closer expertise.
The complete summary of the judgment can be found in the Portal.
5A_856/2024: Decision Regarding the Exception from Mandatory Prior Mediation in Maintenance Claims
Summary of the Facts
A.________ and B.________ are unmarried parents of a minor daughter. The father requested the suspension of maintenance contributions in 2019, which was temporarily extended amicably within a procedure pending with the Disability Insurance. In January 2021, the mother made a new request, leading to ongoing processes regarding the obligation for maintenance payments.
The complete summary of the judgment can be found in the Portal.
5F_39/2025: Decision on Revision and Restoration of Deadlines According to Art. 121 et seq. and Art. 50 BGG
Summary of the Facts
The applicant A.________ requested the revision of a decision of the Federal Court from November 20, 2024 (5A_194/2024) and the restoration of the deadline according to Art. 50 BGG. The original decision concerned civil claims, including disputes over alleged company formations, responsibilities, and contractual claims between A.________ and the respondents B.________ and C.________. The Federal Court dismissed the original complaint, as well as the present revision and deadline restoration.
The complete summary of the judgment can be found in the Portal.