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 dispositions. 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_1357/2025: Non-appealability of a decision to unseal regarding mobile phone and SIM card
Summary of the Facts
A.________ was subjected to a criminal investigation by the Federal Prosecutor's Office on suspicion of political espionage, threats, and coercion. In the course of these investigations, a mobile phone and a SIM card were seized and sealed at the request of the appellant. The Cantonal Court of Measures in Bern unsealed the data carriers, after which A.________ filed an appeal with the Federal Court, aiming to overturn the unsealing decision.
Summary of the Considerations
The Federal Court states that the cantonal decision does not conclude the criminal investigation and is therefore only appealable under Art. 93 para. 1 lit. a BGG if there is a risk of irreparable legal disadvantage. It is explained that the disclosure of a secret can fulfill this condition, but not other seizure impediments such as lack of suspicion or absence of a criminal connection. The appellant argues that the release of his smartphone and the SIM card constitutes a serious infringement of his personal rights. However, the Federal Court replies that in the case of personally used mobile phones, legal privacy protection reasons only apply if the interest in protecting personal rights outweighs the interest in criminal prosecution. Due to the severity of the alleged offenses, this is not evident here, and the appellant has not substantiated this claim. Arguments concerning general seizure impediments such as suspicion or proportionality do not justify an appeal to the Federal Court either, as they do not establish an irreparable legal disadvantage.
Summary of the Disposition
The appeal was not admitted. Furthermore, court costs were imposed, and the judgment was communicated to the parties involved.
7B_1246/2025: Decision regarding conditional release from imprisonment
Summary of the Facts
The appellant, A.________, was repeatedly convicted by the District Court of Bülach, including for qualified violations of the Narcotics Act and other offenses. He has been in custody since July 1, 2021, and served two-thirds of his prison sentence by December 1, 2024. The conditional release and transfer to an external work program were denied; he unsuccessfully appealed to the cantonal authorities. Finally, he filed a criminal complaint with the Federal Court.
Summary of the Considerations
**E.1**: The criminal complaint is generally admissible since it concerns issues of imprisonment. Formally, the requirements for a sufficient justification under Art. 42 para. 2 BGG are not fully met, which is why the appeal is partially not dealt with. **E.2**: The appellant did not sufficiently engage with the considerations of the lower court's judgment in his complaint and merely made abstract statements regarding the legal situation. Moreover, a substantiated challenge to the factual findings is missing. Insufficiently justified aspects of the appeal could not be addressed. **E.3**: In examining conditional release according to Art. 86 para. 1 StGB, a comprehensive evaluation of the legal prognostic criteria is required. In particular, the negative prognosis is based on a weighing of relevant special preventive aspects. The lower court noted that there are significant risks of recidivism, based on a forensic report, a ROS report, and other enforcement documents. The diagnosed psychological disorders and the behavior of the appellant during imprisonment justify the continued duration of imprisonment to address his related problems. **E.3.6.1–3.6.4**: Various arguments from the appellant – such as regarding the reliability of urine samples, the validity of the expert opinion, or the weighting of disciplinary violations – were analyzed in the considerations and dismissed as unfounded. The lower court made a comprehensive, comprehensible, and federal law-compliant assessment. **E.4**: In light of the negative legal prognostic evaluation, the appeal is dismissed, to the extent it is considered. Legal aid is not granted, as the appeal was assessed as hopeless.
Summary of the Disposition
The appeal was dismissed, and the application for legal aid was rejected. The appellant was also imposed court costs.
1C_649/2024: Decision on the initiative IN 197 regarding minimum distance between exploitations and residential areas
Summary of the Facts
The Federal Court addresses the cantonal popular initiative IN 197 from the Canton of Geneva, which aims to establish a minimum distance of 300 meters between exploitations and residential areas. The State Council of the Canton of Geneva declared the initiative partially invalid since the third sentence of the proposed Article 3C of the draft law does not comply with superior law. The lower court, the Constitutional Chamber of the Court of Justice of the Canton of Geneva, dismissed the appeal against the partial declaration of invalidity, after which the initiators and other appellants appealed to the Federal Court.
Summary of the Considerations
- **E.1**: The Federal Court confirms the admissibility of the legal remedy and the legitimacy of the appellants. It examines the validity of the cantonal initiative considering the relevance of superior law, particularly federal law. - **E.2**: The appellants criticize the allegedly inaccurate presentation of facts by the lower court, but this is not a genuine factual objection but rather a legal assessment that is addressed in the further considerations. - **E.3**: The Federal Court analyzes the compatibility of the proposed minimum distance of 300 meters with the principles of environmental protection law, particularly the principle of prevention and proportionality, as well as the division of competencies between the federal and cantonal levels. It concludes that an abstract and general specification of such a distance does not meet the requirements of federal law, as it does not allow for an individual case examination and may therefore be disproportionate.
Summary of the Disposition
The appeal is dismissed, and the court costs are imposed on the appellants.
7B_1382/2025: Inadmissibility of the appeal due to insufficient justification
Summary of the Facts
The Federal Court examined a criminal appeal by A.________ against a decision of the Criminal Chamber of the Cantonal Court of Jura, which had declared the appellant's appeal against a non-admission order of the cantonal public prosecutor inadmissible. The appeal was submitted on the grounds that the decision violated the law.
Complete summary of the judgment can be found in the portal.
4A_649/2025: Decision regarding the withdrawal of an appeal in rental law
Summary of the Facts
The appellants (A.________ Sàrl and B.________) filed an appeal in civil matters against a decision of the Chamber of Leases and Rents of the Court of Justice of the Canton of Geneva dated November 13, 2025. It concerned a rental dispute with the opposing party (C.________ AG). The appellants withdrew their appeal on January 15, 2026.
Complete summary of the judgment can be found in the portal.
7B_1190/2025: Admissibility of a criminal appeal
Summary of the Facts
The appellant, A.________, filed a criminal appeal against a decision of the Appeals Chamber of the Cantonal Court of Vaud. On September 12, 2025, this chamber declared an appeal against a ruling by the enforcement judge of the Canton of Vaud dated July 23, 2025, as inadmissible. The Federal Court had to decide on the admissibility of the appeal against the decision of the cantonal instance.
Complete summary of the judgment can be found in the portal.
7F_35/2025: Request for revision against the judgment regarding the non-admission decision of the Federal Court
Summary of the Facts
The applicant submitted a request for revision against the federal court judgment 7B_377/2025 of June 25, 2025, in which the Federal Court did not enter into his appeal. The request for revision particularly complains that significant facts were not taken into account and that both the cantonal judgment and the federal judgment are null and void.
Complete summary of the judgment can be found in the portal.
7B_1348/2025: Non-admission of the appeal regarding detention conditions
Summary of the Facts
A.________ filed a complaint with the Federal Court on December 10, 2025, against the decision of the Criminal Appeals Chamber of the Cantonal Court of Vaud dated November 18, 2025. The II. Criminal Division of the Federal Court set a deadline until January 7, 2026, for him to submit the contested decision and remedy the established deficiencies. However, A.________ did not submit the contested decision within the set deadline, resulting in no further exchanges of written submissions.
Complete summary of the judgment can be found in the portal.
4D_239/2025: Decision on non-admission of an appeal in connection with a work contract
Summary of the Facts
The subject of the dispute concerns a work contract. The lower court, the High Court of the Canton of Aargau, did not admit the appeal of the appellant due to the late filing of the legal remedy. The appellant then approached the Federal Court.
Complete summary of the judgment can be found in the portal.
4D_207/2025: Decision on a rental law appeal
Summary of the Facts
The appellant A.________ filed an appeal with the Federal Court against the decision of the High Court of the Canton of Zurich, which did not review the earlier judgment of the District Court of Meilen due to the late filing of the legal remedy. The subject of the original lawsuit was the determination of the validity of a termination of the rental contract by the respondent B.________ AG.
Complete summary of the judgment can be found in the portal.
7B_1304/2025: Recusal request against the president of the District Court of Aarau in connection with a first-instance criminal procedure
Summary of the Facts
The appellant A.________ submitted a recusal request against the president of the District Court of Aarau in connection with a first-instance criminal procedure. This was rejected by the lower court (High Court of the Canton of Aargau, Appeals Chamber in Criminal Matters). With a complaint dated November 27, 2025, the appellant contested the decision of the High Court at the Federal Court.
Complete summary of the judgment can be found in the portal.
4A_673/2025: Decision on the admissibility of a rental law appeal
Summary of the Facts
The dispute concerns the termination of a rental contract for unfurnished room rental in a house, canceled by the landlord. The original application for eviction was declared obviously inadmissible by the Tribunal des baux et loyers genevois. The lower court changed this decision and ordered the tenant to vacate immediately.
Complete summary of the judgment can be found in the portal.
4A_139/2025: Decision on legal questions regarding the mainlevée and enforceability of a joint debt mortgage
Summary of the Facts
The respondent (B.________ SA) had obtained a payment order for CHF 8,000,000 (including interest) against the appellant (A.________ SA) in the context of an enforcement procedure for a property mortgage. She requested provisional enforcement. The lower courts (peace judge and cantonal instance) granted the enforcement. The appellant filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the portal.
5A_114/2025: Decision on litispendance in an international inheritance case
Summary of the Facts
F.A.________, a citizen living in France, passed away in 2019, leaving heirs, including his wife A.A.________ and four children residing in different countries. A.A.________ initiated an action in 2020 for the liquidation of the marital property, determination and division of the inheritance before Swiss courts, whereby the international jurisdiction of Swiss authorities was disputed. In parallel, a procedure was opened in France. The core question was whether the litispendance for the Swiss proceedings was established by the initiation of the reconciliation proceedings.
Complete summary of the judgment can be found in the portal.
4A_564/2025: Inadmissibility of the appeal regarding the rental contract
Summary of the Facts
A.________ filed an appeal against a judgment of the Chamber of Leases and Rents of the Court of Justice of the Canton of Geneva with the Federal Court. The subject of the dispute was a rental contract. The appeal was handled by the president of the I. civil law division.
Complete summary of the judgment can be found in the portal.
7B_26/2026: Decision regarding the non-admission order and the lack of justification of a legal remedy
Summary of the Facts
A. The appellant A.________ has filed an appeal against a non-admission order of the cantonal public prosecutor Strada dated May 7, 2025, with the Criminal Appeals Chamber of the Cantonal Court of Vaud. This declared the appeal decision of A.________ inadmissible in a judgment dated November 7, 2025. B. A.________ filed a criminal appeal to the Federal Court against this decision on January 6, 2026, while simultaneously requesting the granting of legal aid.
Complete summary of the judgment can be found in the portal.
2C_569/2023: Decision on the assessment of scholarships in connection with further education
Summary of the Facts
The appellant has been undergoing further training as a "Dipl. Psychological Consultant" since October 2019 and applied for scholarships for it. After a long-standing legal dispute, the cantonal authority awarded her educational contributions but reduced the amount of the scholarships based on the intensity of the training according to ECTS credits. The appellant requested higher scholarships before the Federal Court.
Complete summary of the judgment can be found in the portal.
4A_255/2025: Decision on the employment law dispute of an embassy employee
Summary of the Facts
A cook employed at the embassy of the Republic A.________ in Geneva is suing his former employer after being terminated due to insufficient salary payments. The question of judicial jurisdiction was clarified beforehand, denying the immunity of the Republic A.________. The dispute here revolves around outstanding salary claims and additional compensation based on the contract between the parties, including claims according to two Geneva contract types for employment relationships in the economic sector.
Complete summary of the judgment can be found in the portal.
8C_469/2025: Claim for sick pay due to late notification of incapacity for work
Summary of the Facts
A.________, who worked for the Evangelical-Reformed Church Community V.________ and later received an invalidity pension, claimed unemployment compensation and sick pay during a temporary inability to work since December 2024. The Cantonal Office for Unemployment Insurance of Bern (AfA) denied his claim for sick pay for most of the relevant period due to a late notification of incapacity for work. However, the lower instance granted A.________ the full sick pay for the period until 30 days after the start of work on December 20, 2024, which the AfA contested with an appeal to the Federal Court.
Complete summary of the judgment can be found in the portal.
7B_1423/2025: Non-admission of a criminal appeal
Summary of the Facts
The appellant A.________ filed an appeal dated December 29, 2025, against a decision of the Criminal Chamber of the Cantonal Court of St. Gallen dated November 18, 2025. It concerned a recusal request that was not addressed by the lower court, as it believed that there was no pending authorization procedure regarding the initiation of a criminal investigation against a member of the authorities and that the Criminal Chamber was not directly responsible for a new criminal complaint.
Complete summary of the judgment can be found in the portal.
6B_701/2025: Inadmissibility of the appeal due to failure to pay the prescribed court costs
Summary of the Facts
The appellant A.________ filed a criminal appeal on October 8, 2025, against a decision of the Criminal Chamber for Appeals and Revisions of the Geneva Court dated September 2, 2025. The appeal concerns an alleged arbitrary application of the law on public events (LMDPu).
Complete summary of the judgment can be found in the portal.
2C_725/2025: Judgment on the denial of a residence permit and expulsion
Summary of the Facts
The appellant, a German citizen, entered Switzerland on December 20, 2024, and applied for a residence permit. The Office for Migration, Integration, and Citizenship of the Canton of Basel-Landschaft denied him the permit and expelled him from Switzerland. This decision was confirmed in the appeal process by the Government Council of the Canton of Basel-Landschaft and by the Cantonal Court of Basel-Landschaft, whereby the Cantonal Court dismissed the appellant's appeal, to the extent it was considered. Against this, the appellant filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the portal.
9C_662/2025: Inadmissibility of the appeals against the tax on second homes in the Canton of Vaud
Summary of the Facts
A.________, owner of a property in Corsier-sur-Vevey, was requested by the intercommunal commission for the second home tax Riviera-Villeneuve (CITS) to pay the tax on second homes for the years 2013 to 2023. The tax assessments were initially confirmed by the commission de recours en matière d'impôts communaux of Corsier-sur-Vevey, but were later partially annulled due to a taxpayer's appeal for the years 2013 to 2017 due to limitation. In a further procedure, the Cantonal Court of the Canton of Vaud decided that A.________ was not subject to taxation. The CITS, the municipality of Corsier-sur-Vevey, and the commission de recours in tax matters appealed to the Federal Court.
Complete summary of the judgment can be found in the portal.