Latest Judgments of the Federal Court
Here you will find the latest rulings from the Federal Court (BGer) at bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositive parts. For the subsequent 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_78/2026: Inadmissibility of the request for recognition of a French divorce decree and pension equalization
Summary of the facts
The respondent requested the recognition of a French divorce decree and its amendment regarding the pension equalization, which provided for the transfer of an amount from the applicant's pension account to her account. The District Court of Winterthur and the Higher Court of the Canton of Zurich rejected the applicant's request for dismissal of the lawsuit, leading the applicant to appeal to the Federal Court. He particularly argued the inapplicability of the Lugano Convention (LugÜ) and Article 64 paragraph 1bis IPRG introduced on January 1, 2017, to the French judgment.
Summary of the considerations
- **E.1:** The appeal was submitted in French, but the judgment was rendered in German (Art. 54 Abs. 1 BGG). - **E.2:** For the admissibility of the appeal, a justification is required that explains how the contested judgment violates the law (Art. 42 Abs. 2 BGG). - **E.3:** The Higher Court stated that pension equalization does not fall under the LugÜ, as it is not applicable to property or pension claims (Art. 1 Ziff. 2 lit. a LugÜ). According to Art. 64 Abs. 1bis IPRG, Swiss courts are responsible for pension equalization. This provision is also applicable to decisions that became final after January 1, 2017. - **E.4:** The applicant did not sufficiently engage with the considerations of the Higher Court. In particular, there was a lack of a substantiated discussion of the Federal Court's case law regarding Art. 64 Abs. 1bis IPRG and Art. 1 Ziff. 2 lit. a LugÜ. - **E.5:** Due to insufficient justification, the appeal was deemed inadequate. - **E.6:** The request for suspensive effect was moot. - **E.7:** The court costs were imposed on the applicant (Art. 66 Abs. 1 BGG).
Summary of the dispositive part
The appeal was declared inadmissible and the court costs were imposed on the applicant. The judgment will be communicated to the affected parties.
1C_522/2025: Access to files in the context of a disciplinary proceeding
Summary of the facts
The appellant, a former secretary of the Criminal Court of the Canton of Ticino, feels bullied by a colleague and requests access to the files of a completed disciplinary proceeding against this colleague, including an external report. The Commission for Complaints about the Judiciary of the Canton of Ticino (CrM) denied access, which led the appellant to appeal to the Federal Court.
Summary of the considerations
- **E.1:** The appeal meets the formal requirements (Art. 82 lit. a, Art. 86 Abs. 1 lit. d, and Art. 90 BGG), particularly the appellant's interest in legal protection is given. - **E.2:** The Federal Court recalls its previous case law whereby third parties outside a proceeding can request access to files, provided they credibly demonstrate a legitimate interest and that significant counter-interests do not stand in the way. - The CrM conducted a balancing of interests, which the Federal Court deemed insufficient. In particular, intermediate solutions such as limited access or anonymization of the files were not examined. - The authority's argument that access by the appellant is only possible in the context of future civil or criminal proceedings is rejected, as the right to access files is not limited to such proceedings. - The CrM again violated the appellant's right to be heard (Art. 29 Abs. 2 BV). - **E.3:** The Federal Court again overturns the CrM's decision and remands the matter for a comprehensive reassessment and balancing of interests.
Summary of the dispositive part
The Federal Court overturns the decision of the lower instance, remands the matter for new assessment, and awards the appellant compensation without imposing court costs.
5A_40/2026: Withdrawal of the appeal due to retraction
Summary of the facts
The heirs' community A.________, consisting of C.________ and B.________, filed an appeal in civil matters on January 12, 2026, as well as a subsidiary constitutional appeal against a decision of the enforcement authority regarding debt collection and bankruptcy of the Cantonal Court of Ticino from December 15, 2025. This decision partially rejected a request for revision against a previous decision from November 10, 2025. However, on January 20, 2026, the appellant informed the Federal Court that she was withdrawing her appeal.
Summary of the considerations
The withdrawal of the appeal was declared in writing by the appellant. According to Art. 32 Abs. 1 and 2 BGG and Art. 71 BGG in conjunction with Art. 73 ZPO, the president is responsible for treating the procedure as a single judge and considering the legal matter as resolved due to the withdrawal. The court costs were set at CHF 200.– and imposed on the appellant according to Art. 66 Abs. 1 BGG. The reduced cost measure was taken into account according to Art. 66 Abs. 2 BGG since the withdrawal occurred at an early stage of the proceedings.
Summary of the dispositive part
The appeal was dismissed as resolved, and the court costs were imposed on the appellant. Furthermore, the parties involved in the proceedings were informed.
8C_4/2026: Inadmissibility of the appeal concerning unemployment benefits
Summary of the facts
The appellant, A.________, appealed against the judgment of the Insurance Court of the Canton of Aargau (VBE.2025.94). The subject of the proceedings was the refusal of unemployment benefits by the Unia unemployment fund due to the appellant's function as a partner and manager in two companies.
Complete summary of the judgment can be found in the Portal.
4A_17/2026: Inadmissibility of the appeal
Summary of the facts
The appellant A.________ seeks definitive legal recognition in the context of a debt collection proceeding in the Canton of Geneva. The debt collection request is directed against the financial services of the judiciary of the Canton of Geneva and amounts to CHF 64.35. The request for legal recognition was rejected in the first instance by the Tribunal de première instance of the Canton of Geneva. Subsequently, an appeal was filed with the Chambre civile of the Cour de justice of the Canton of Geneva, which was also rejected. The appellant raises the issue of bias of the cantonal judiciary before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_481/2024: Decision on the approval of the plans for the renovation of the Sugiez train station
Summary of the facts
The Sugiez train station in Mont-Vully (FR) is to be modernized and rebuilt in accordance with the Federal Act on the Elimination of Discrimination against Disabled Persons (LHand), which entails the demolition of the existing train station building constructed in 1903. After the Federal Office of Transport (BAV) approved the plans and rejected the objections, Pro Fribourg and Patrimoine Suisse filed an appeal to prevent the approval of the demolition. The Federal Administrative Court dismissed the appeal. The contested point was the economic and cultural balancing of interests.
Complete summary of the judgment can be found in the Portal.
9C_209/2025: Decision on the tax treatment of equity interests
Summary of the facts
The engineer A.________, residing in the Canton of Ticino, contested the tax treatment of equity interests in D.________ for the tax periods 2016–2018 as well as the taxation of income from assets amounting to CHF 764,573 (for 2016). He argued that the participation would belong to business assets and not to private assets. Both the tax authorities of the Canton of Ticino and the tax law chamber of the Cantonal Court rejected this argumentation. A.________ then filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_267/2025: Dismissal of the appeal against the building decision
Summary of the facts
A building application for the extension and renovation of an existing residential building on parcel No. 879 in La Tour-de-Peilz led to several objections, including from the property community PPE A.________. The objection was primarily based on an alleged violation of the cantonal building regulations (Art. 80 LATC). Despite these objections, the municipality issued the building decision, prompting the property community to appeal to the cantonal instance. The cantonal court then dismissed the appeal, leading the property community to bring their appeal before the Federal Court.
Complete summary of the judgment can be found in the Portal.
2F_11/2025: Revision procedure concerning residence permit and Art. 8 ECHR
Summary of the facts
The case concerns A.________, a Kosovo citizen, who lost his residence status in Switzerland due to numerous criminal convictions and administrative decisions. Following a judgment by the European Court of Human Rights (ECHR), Switzerland was found to have violated Article 8 ECHR (right to respect for private and family life), prompting A.________ to request a revision of the ultimate Swiss decision before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_127/2025: Judgment on the expiration of a building permit
Summary of the facts
The Federal Court had to decide on an appeal by A.________ AG, which claimed that the building permit of the employee pension fund B.________ from 2017 had expired due to the passage of time. The building permit concerned the construction of five multi-family houses in Bülach. Central points of contention were the conditions for the start of the expiration period of the building permit and the question of whether the building authority was biased. The lower instances had denied the expiration of the building permit.
Complete summary of the judgment can be found in the Portal.
2C_741/2025: Non-admission in connection with a change of canton
Summary of the facts
The Serbian citizen A.________ entered Switzerland in 2017 and obtained a residence permit based on a marriage in the Canton of St. Gallen, which was extended several times until 2023. After the separation, the St. Gallen Migration Office refused to extend this permit in 2024. A.________ then settled in the Canton of Zurich and applied for a residence permit or a permit for a change of canton. The Migration Office and the Security Directorate of Zurich rejected this. The Administrative Court of the Canton of Zurich did not admit his appeal from December 1, 2025, due to late submission.
Complete summary of the judgment can be found in the Portal.
1C_539/2024: Approval of a mobile communications facility
Summary of the facts
Sunrise GmbH applied for the construction of a mobile communications facility with a 30 m high antenna mast in the municipality of Hefenhofen. After approval by the competent authorities, despite objections from neighbors (appellants), these filed unsuccessful legal remedies. In particular, questions regarding compliance with limits for non-ionizing radiation, specific measurement methods, and the impact of adaptive antennas were the subject of the dispute.
Complete summary of the judgment can be found in the Portal.
8C_645/2025: Judgment on disability insurance and the claim for a disability pension
Summary of the facts
The appellant, born in 1974, registered in 2018 with the IV office of the Canton of Zurich for benefits due to a herniated disc. After the IV office rejected the pension request twice following extensive medical clarifications, the appellant filed an appeal. Her objections regarding the multi-disciplinary assessment by MEDAS, the legal basis for the rejection of the pension, and the assessment of her degree of disability were not supported by the lower instance (Social Insurance Court of the Canton of Zurich).
Complete summary of the judgment can be found in the Portal.
8C_682/2024: Causal connection in accident insurance
Summary of the facts
The appellant, a self-employed doctor born in 1941, was voluntarily insured against accidents with Baloise Versicherung AG. After a bicycle accident in 2017, benefits were initially recognized. Subsequently, however, the insurance company discontinued daily allowance payments from October 2019. The question of the causal connection between the accident event and back and hip complaints was disputed. The case went through several administrative and judicial instances.
Complete summary of the judgment can be found in the Portal.
1C_668/2024: Building permit for mobile communications facility in Bubikon
Summary of the facts
Swisscom (Switzerland) AG applied for the construction of a mobile communications antenna in Bubikon. The building site is part of a monument protection object of "regional" significance. The municipality of Bubikon granted the required building permit based on a favorable opinion from the cantonal conservation authority. A.A., B.A., and C. filed an appeal with the Building Appeal Court of the Canton of Zurich, which rejected it. The Administrative Court of Zurich also dismissed the appeal.
Complete summary of the judgment can be found in the Portal.
5A_76/2026: Inadmissibility of the appeal due to insufficient justification
Summary of the facts
The appellant was admitted to Clinic B.________ under medical instruction on October 30, 2025. The Child and Adult Protection Authority (KESB) Willisau-Wiggertal confirmed this placement on December 9, 2025. The Cantonal Court of Lucerne dismissed an appeal against this decision filed by the affected party on December 22, 2025. The appellant then filed an appeal to the Federal Court on January 22, 2026.
Complete summary of the judgment can be found in the Portal.
8C_627/2025: Dismissal of the appeal
Summary of the facts
The Cassa cantonale di compensazione AVS/AI/IPG of the Canton of Ticino (hereinafter: Cassa) accounted for a hypothetical income of CHF 8,320 in the calculation of the supplementary benefits for A.________, as there were no apparent reasons preventing the utilization of the remaining work capacity. The Insurance Court of the Canton of Ticino dismissed A.________'s appeal against the Cassa's decision on October 13, 2025. A.________ then filed an appeal in public law matters with the Federal Court.
Complete summary of the judgment can be found in the Portal.
9F_29/2024: Inadmissibility of the revision request concerning old-age and survivor's insurance
Summary of the facts
A.________ was liable for contributions as a self-employed person at the compensation fund Zug. For the year 2012, the fund issued a contribution order based on an income of CHF 1,770,305. After exhausting all legal remedies, the contribution order was ultimately confirmed by the Federal Court in a judgment dated November 7, 2022. Later, A.________ submitted a revision request citing a new judgment from a financial court in Germany concerning a concealed trust relationship. He requested a recalculation of the income.
Complete summary of the judgment can be found in the Portal.
1C_607/2025: Ordinary termination of a public-law employment relationship due to long-lasting incapacity for work
Summary of the facts
The appellant, a former employee of BLEs, led rescue and fire operations and performed assessments of employees. Due to repeated and long-term absences due to illness that extended over several years, the employer terminated his employment on October 31, 2024. The appellant raises accusations against the termination, including bullying and lack of integration measures.
Complete summary of the judgment can be found in the Portal.
4A_189/2025: Legitimacy question in a wealth management contract
Summary of the facts
In the context of a real estate sale in Italy, the company *E.________ SA* commissioned, based on a "Mandato d'amministrazione" concluded on August 3, 2012, the management of the assets deposited with *Bank F.________ Ltd, Singapore* for the benefit of the client. The plaintiff, A.________, was the economic beneficiary of an intermediary offshore company (*G.________ Ltd*). Payments from the disputed account led to a dispute, where A.________ claimed the return of EUR 2,015,091.15 based on his alleged active legitimacy.
Complete summary of the judgment can be found in the Portal.
4D_107/2025: Inadmissibility of the appeal
Summary of the facts
The plaintiff delivered a vehicle for repair to the defendant in February 2011. After receiving the work, the defendant issued an invoice of CHF 34,661.20 in 2017, deducting CHF 19,000 for payments made, and initiated a debt collection procedure. The plaintiff sought a declaration of the non-existence of the claim and the cancellation of the debt collection. After an initial procedure, which was settled by the Cantonal Court, the issue of justifying the amount of the invoice remained disputed.
Complete summary of the judgment can be found in the Portal.
7B_71/2026: Decision on free legal assistance and security in the context of a criminal proceeding
Summary of the facts
The appellant A.________ was requested by the Cantonal Court of Basel-Landschaft to provide a security of CHF 550.– by a certain deadline in accordance with Art. 383 Abs. 1 StPO. Following a request for free legal assistance, the Cantonal Court rejected this due to lack of prospects and simultaneously extended the deadline for the security until January 22, 2026. The appellant subsequently filed an appeal to the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_561/2025: Dismissal of the citizenship appeal
Summary of the facts
A.________, originally from Sudan, applied for ordinary naturalization in 2015, which was granted in 2016. This naturalization became relevant in 2020 due to a criminal decision by the Tribunal de police of the district Littoral et Val-de-Travers, as A.________ was convicted, among other things, of serious violations of due diligence in financial affairs and breach of trust. The Conseil d'État of the Canton of Neuchâtel subsequently annulled the naturalization in 2024, which was confirmed by the Cour de droit public of the Cantonal Court.
Complete summary of the judgment can be found in the Portal.
7B_1077/2024: Decision on the appeal legitimacy of a brother in connection with the closure of a criminal proceeding
Summary of the facts
The Federal Court had to decide on the appeal of a brother who objected to the closure of a criminal proceeding regarding the death of his sister. The lower instance (Higher Court of the Canton of Aargau) did not admit the appeal, as the brother lacked standing. The brother argued that he should be recognized as a private plaintiff and that he had close family ties to the deceased.
Complete summary of the judgment can be found in the Portal.
5A_72/2026: Inadmissibility of the appeal and dismissal of the request for free legal assistance
Summary of the facts
The Higher Court of the Canton of Zurich dismissed a request from the appellant for free legal assistance in a proceeding concerning child matters. The appellant filed an appeal against this decision to the Federal Court and again requested free legal assistance for the Federal Court proceedings.
Complete summary of the judgment can be found in the Portal.
1D_17/2025: Judgment concerning public personnel law and employment references
Summary of the facts
The appellant was employed by the Zurich Cantonal Police from 2012 to 2024. After termination, she was issued an interim certificate and a final reference, with which she was not satisfied. She requested, among other things, specific text changes in the final reference. After the Security Directorate of the Canton of Zurich rejected her appeals, she approached the Administrative Court of the Canton of Zurich, which partially upheld her appeal and ordered corrections to the final reference. With a subsidiary constitutional appeal, the appellant requested further changes to the final reference from the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_11/2026: Inadmissibility of the appeal due to unjustified delay
Summary of the facts
A.________ SA, whose shareholder and board member is B.________, trades in indigenous industrial hemp. In a civil procedure before the court of the Saanen district, A.________ SA demanded a payment of CHF 3,804,133.20 from its former lawyer and requested legal aid for the exemption from the cost advance obligation of CHF 75,000. The first instance court denied this on January 8, 2025. The Cantonal Court of the State of Fribourg (I. Civil Appeals Court) dismissed the appeal from A.________ SA on March 8, 2025. After this decision was overturned by the Federal Court and rejected with a decision dated October 20, 2025, A.________ SA complained again to the Federal Court on January 9, 2026, claiming that the cantonal instance had still not decided, which constituted an "unjustified delay."
Complete summary of the judgment can be found in the Portal.