Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries with facts, considerations, and dispositions. For the further rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There you can configure your newsletter, and you will receive the latest rulings individually tailored to your areas of law.
5A_984/2025: Provisional Measures in the Context of Art. 28b ZGB
Summary of the Facts
Due to domestic violence against A.________, the cantonal police of Graubünden ordered a temporary expulsion from the shared apartment as well as a ban on return. The respondent, B.________, requested provisional measures based on Art. 28b ZGB to extend and enforce these bans and further protective measures superprovisionally. The regional court of Plessur confirmed these measures by means of a provisional measure decision and set a deadline for the respondent to file a lawsuit. The appellate court dismissed the appellant's appeal against this decision as far as it admitted it. The appellant filed a complaint in civil matters with the Federal Court.
Summary of the Considerations
- **E.1:** This is an interim decision within the meaning of Art. 93 BGG, as the respondent was given a deadline to file a lawsuit. The Federal Court states that the requirements under Art. 93 para. 1 BGG have not been sufficiently set out in the complaint, although in exceptional cases this may be waived. - **E.2:** The complaint of violation of constitutional rights is permissible according to Art. 98 BGG, whereby the strict complaint principle applies. The complaint does not meet these requirements as it does not demonstrate clear and detailed constitutional violations. - **E.3:** The right to be heard and the duty to provide reasons were fulfilled by the appellate court. The 32-page decision contains a detailed reasoning that meets the minimum requirements. - **E.4:** The complaint to the Federal Court consists partly of unsubstantiated factual assertions and partly of new and inadmissible assertions according to Art. 99 para. 1 BGG. No specific violations of constitutional rights are substantiated. - **E.5:** The complaint is obviously unfounded and is dealt with in the simplified procedure according to Art. 109 BGG.
Summary of the Disposition
The complaint is dismissed and the court costs are imposed on the appellant. The judgment is communicated to the parties and the appellate court of the canton of Graubünden.
7B_883/2025: Discontinuation Order in Criminal Proceedings
Summary of the Facts
A.________ filed several criminal complaints against B.________ and unknown persons in connection with an incident in a nightclub. The proceedings against B.________ were discontinued by the public prosecutor on the grounds that the use of force by the security service was proportional and no causal connection could be established between the actions of B.________ and the injuries of A.________. The complaint from A.________ against the discontinuation order was dismissed by the previous instance. A.________ then lodged a complaint with the Federal Court.
Summary of the Considerations
The Federal Court examines its jurisdiction and the admissibility of the complaint ex officio. The complainant did not assert sufficiently substantiated civil law claims that could affect the discontinuation order. She did not present any concrete claims for damages, nor could a direct connection be established between the nature of the alleged crime and possible civil law claims. Art. 81 para. 1 lit. b no. 6 BGG was not relevant, as the complainant did not assert any specific rights regarding her right to file a report. A violation of the right to be heard was not substantively demonstrated. The previous instance had examined the relevant complaints, for example regarding the denied confrontation questioning with the accused, and found that the related evidence requests were not sufficiently substantiated. The further allegations regarding the failure to take evidence and potential procedural violations, such as the absence of certain video evidence, were also not presented in accordance with the requirements of the BGG.
Summary of the Disposition
The Federal Court dismissed the complaint and additionally decided that the request for free legal aid is also dismissed, with the court costs imposed on A.________.
5A_2/2026: Inadmissibility of a Complaint in a Debt Enforcement Procedure
Summary of the Facts
The complainant filed a complaint against a seizure carried out by the debt enforcement office Dielsdorf-North. The district court of Dielsdorf partially rejected her applications and partially did not admit them. The appellate court of the canton of Zurich confirmed the decision of the district court. The complainant ultimately turned to the Federal Court, with the proceedings being characterized by formal defects in the complaint.
Summary of the Considerations
- **E.1:** The complainant formally submitted the complaint on time; however, the signature was not properly affixed. Therefore, the Federal Court requested a personal signature and set a deadline that was associated with a corresponding warning. - **E.2:** The deadline set for returning the signed copy of the complaint was not met. Instead, only a notice was submitted that did not meet the formal requirements. Therefore, the Federal Court does not admit the complaint according to Art. 108 para. 1 lit. a BGG. - **E.3:** Due to the outcome of the proceedings, the court costs are imposed on the complainant. Additionally, her representative B.________ is warned that costs may be imposed on him for further inadmissible representations.
Summary of the Disposition
The complaint was not upheld, and court costs of CHF 1,000 were imposed on the complainant.
8C_751/2025: Non-admittance of a Complaint in the Area of Disability Insurance
Summary of the Facts
The complainant filed a complaint against the decision of the insurance court of the canton of St. Gallen, which had rejected her complaint against a pension-denying decision of the IV office of the canton of St. Gallen. She requested the Federal Court to overturn the decision and grant a disability pension.
You can find the complete summary of the judgment in the Portal.
4F_48/2025: Judgment Regarding Non-admittance of a Revision Request
Summary of the Facts
The applicant A.________ requested the revision of the Federal Court judgment of October 3, 2025 (4D_139/2025), in which the Federal Court had not admitted her complaint against the definitive legal opening by the Swiss Confederation, as the complaint did not meet the formal requirements. In the revision request, the applicant referred to allegedly newly discovered evidence that had not been considered in the cantonal proceedings.
You can find the complete summary of the judgment in the Portal.
7B_1420/2025: Order of Pretrial Detention
Summary of the Facts
A.________ has been in pretrial detention since August 2024 due to numerous orders and extensions from the coercive measures court and the appellate court of Schaffhausen. The complaint was directed against a decision that confirmed the pretrial detention extended until January 6, 2026.
You can find the complete summary of the judgment in the Portal.
9C_622/2024: Property Gains Tax of the Canton of St. Gallen in Connection with Replacement Construction
Summary of the Facts
The dispute concerns the deductibility of investment costs in the context of property gains tax for a property, the existing building of which has been demolished and replaced by a replacement construction. The Cantonal Tax Office of St. Gallen calculated the taxable property gain and the corresponding tax, recognizing only part of the original purchase price as investment costs. The cantonal appeal authorities arrived at differing calculations, which is why the matter was brought before the Federal Court, which clarified the practice regarding replacement construction costs and remanded the tax case for recalculation to the cantonal authority.
You can find the complete summary of the judgment in the Portal.
8C_291/2025: Inadmissibility of the Complaint Against the Rejection Decision of the Social Security Court
Summary of the Facts
The respondent A.________ reported health complaints that occurred after a tick bite to the IV office of the canton of Zurich for the receipt of disability insurance benefits. After medical and occupational clarifications and an expert opinion from SMAB, the IV office rejected the claim for benefits. The Social Security Court of the canton of Zurich overturned the decision and remitted the matter for further clarification and new decision to the IV office. The IV office filed a complaint against this with the Federal Court.
You can find the complete summary of the judgment in the Portal.
7B_1437/2024: Decision on the Question of Compliance with Deadlines and Protection of Good Faith in the Absence of Legal Remedy Information
Summary of the Facts
A.________ was convicted by the police commission of the municipality of U.________ due to multiple violations of parking bans on private property through penalty orders, with replacement prison sentences being established in case of non-payment. The conversion of the fines into a total of 19 days of replacement prison sentences was decided by the police commission on May 3, 2023, without A.________ having filed an objection or made a payment. On November 7, 2023, the Office d'exécution des peines of the canton of Vaud issued an enforcement order for the serving of the replacement prison sentence, but without legal remedy information. A.________ contested the procedure and raised relevant constitutional and convention law questions.
You can find the complete summary of the judgment in the Portal.
5A_855/2025: Complaint Regarding Delays and Denial of Rights in Connection with a Personality Protection Procedure
Summary of the Facts
The complainant filed a complaint regarding delays and denial of rights in connection with an appeal procedure pending before the appellate court of the canton of Graubünden. In parallel, he requested superprovisional measures, which were dismissed by a decision of the Federal Court. Following a decision of the appellate court, the Federal Court proceedings became moot as the main decision was available.
You can find the complete summary of the judgment in the Portal.
5A_242/2025: Non-admittance Due to Incomplete Payment of the Cost Advance in Relation to the Registration of a Construction Worker’s Lien
Summary of the Facts
The A.________ GmbH had provisionally registered a construction worker’s lien and sued to have it definitively registered. The district court of Winterthur ordered her to pay an advance on costs, but this was only paid after the set deadline and in an incomplete amount (CHF 4,698.72 instead of CHF 4,755.--). Consequently, the district court did not admit the lawsuit. The appellate court of the canton of Zurich confirmed this decision.
You can find the complete summary of the judgment in the Portal.
5D_49/2025: Decision Regarding Free Legal Aid in the Appeal Procedure of a Marriage Protection Procedure
Summary of the Facts
A.________, the complainant, was involved with her spouse in a marriage protection procedure at the civil court of Basel-Landschaft West. In addition to the regulation of custody and care shares as well as the obligation to pay maintenance contributions, the court also rejected her request for a process cost advance or free legal aid. After an appeal to the cantonal court of Basel-Landschaft and a renewed rejection of her request for free legal aid in this procedure, she filed a subsidiary constitutional complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
7B_1130/2024: Inadmissibility of the Complaint Against the Discontinuation Decision of the Appellate Court
Summary of the Facts
The public prosecutor's office Zofingen-Kulm filed charges against A.________ for multiple violations of the Road Traffic Act and contraventions of the Narcotics Act. The district court of Zofingen discontinued the criminal proceedings against A.________. The appellate court of the canton of Aargau overturned this discontinuation decision and remanded the case for continuation of the criminal proceedings. A.________ subsequently filed a complaint in criminal matters with the Federal Court. He requested the discontinuation of the criminal proceedings based on Art. 329 para. 4 StPO as well as the granting of free legal aid.
You can find the complete summary of the judgment in the Portal.
8C_401/2025: Decision on Disability Pension in an Accident Case
Summary of the Facts
The complainant A.________ suffered a traffic accident on October 16, 2014, which resulted in serious physical injuries and a complete inability to work. Helsana Accidents SA, as the accident insurer, made several decisions regarding medical treatment and disability pension, which were contested by the complainant. After several court proceedings and medical expert opinions, including an interdisciplinary expert report, the complainant's claim for a disability pension was ultimately denied, as the degree of disability was below 10%.
You can find the complete summary of the judgment in the Portal.
5A_905/2025: Measures Concerning Personal Contact Between Parents and Child
Summary of the Facts
The dispute concerns custody issues and personal contact between the divorced parents A.________ (mother) and B.________ (father) with their daughter C.________, born in 2015. The authorities made various superprovisional and provisional decisions regarding the care of the daughter, with the father temporarily receiving exclusive custody. In the context of a cantonal complaint procedure, the father's visitation rights were extended by the president of the cantonal protection agency, which was contested by the mother before the Federal Court.
You can find the complete summary of the judgment in the Portal.
5A_1038/2025: Judgment on a Deadline Setting for Eviction and Leaving a Property
Summary of the Facts
The complainants objected to a decision from the debt enforcement office Winterthur-City, which ordered them to vacate and leave a property. The property had originally been sold by Complainant 1 to a company, after which a rescission was agreed upon. Due to a real estate lien enforcement request from the bank against the buyer, the decision of the debt enforcement office was made. The complainants raised procedural errors before the cantonal authorities. The appellate court of the canton of Zurich partially overturned the decision, but dismissed the other complaints. With their complaint to the Federal Court, the complainants sought to clarify further points.
You can find the complete summary of the judgment in the Portal.
9C_440/2024: Judgment Regarding Tax Assessment and Hidden Profit Distribution
Summary of the Facts
The A.________ AG, a company in the field of insurance and seminars, declared an annual profit of CHF 412,143.- for the tax period 2017. During an audit, the tax office of the canton of Lucerne found irregularities, including unrecorded business income and hidden profit distributions. As a result, an assessment was made based on partial discretion, and the taxable profit was set at CHF 4,896,100.-. After an objection, the profit was reduced to CHF 4,069,500.-. The taxpayer contested the objection decision before the cantonal court of Lucerne and subsequently before the Federal Court.
You can find the complete summary of the judgment in the Portal.
5A_909/2025: Rejection Request in Curatorship Matter
Summary of the Facts
A.________ addressed a letter dated September 3, 2025, to the president of the Chambre des curatelles of the Cantonal Court of Vaud and requested the rejection of the competent justice of the peace of the district of Ouest lausannois regarding his guardianship complaint. The president of the Chambre des curatelles stated on September 8, 2025, that she was not competent to handle the rejection request and instructed A.________ to contact the West Lausanne District Court. A.________ then filed a complaint with the Federal Court against this.
You can find the complete summary of the judgment in the Portal.
5A_451/2025: Judgment on Provisional Limitation of Capacity to Act in Adult Protection Proceedings
Summary of the Facts
A.________ was provisionally deprived of access to several bank accounts and in certain areas of his capacity to act through a superprovisional order. The KESB subsequently established a combined guardianship and appointed a guardian for this purpose. A.________ requested adjustments before the previous instance, particularly regarding his capacity to act in the context of employment and professional practice. His concerns were dismissed by the cantonal court of Basel-Landschaft.
You can find the complete summary of the judgment in the Portal.
7B_23/2026: Judgment on Non-admittance of a Complaint Regarding Appointment of a Public Defender
Summary of the Facts
The complainant A.________ was convicted by a penalty order of the public prosecutor's office of the canton of Obwalden for various offenses (defamation, breach of the peace, property damage, and disobedience to official orders). Previously, a request from his lawyer for the appointment of a public defender was rejected by the public prosecutor's office. This rejection was subsequently confirmed by the appellate court of the canton of Obwalden. The complainant then turned to the Federal Court.
You can find the complete summary of the judgment in the Portal.
9C_107/2025: Decision on Value Added Tax and Tax Evasion Regarding Tax Periods 2018–2020
Summary of the Facts
The complainant, a joint-stock company based in U.________, which has been registered as a VAT taxpayer since 2018, made a property available exclusively to its sole shareholder. Following a control by the ESTV, it was found that the legal structure constituted tax evasion, and the company was retroactively removed from the register and required to repay a claimed excess input tax. The complaint is directed against the deletion and the tax demand.
You can find the complete summary of the judgment in the Portal.
5A_928/2025: Confirmation of a Curatorship and Rejection of a Change of Curator
Summary of the Facts
A.________, born in 1979, a Swiss citizen, became the subject of a curatorship for representation and asset management. The measure was extended to medical care and personal support. The background includes health problems and psychosocial conflicts that significantly impair her living situation and her ability to self-manage. The appellant requested before the Federal Court, in particular, the appointment of a private curator instead of the current official curators of the Office for Adult Protection (OPAd), citing communication problems and her deteriorating health under the current curatorship.
You can find the complete summary of the judgment in the Portal.
7B_40/2026: Extension of Pretrial Detention
Summary of the Facts
A.________ is accused of attempted serious bodily injury or attempted murder. He allegedly stabbed a victim in the lower abdomen with a folding knife and subsequently beat him on June 8, 2025. Since that date, A.________ has been in pretrial detention. After his request for release from detention was rejected by the coercive measures court of the district of Zurich and the detention extended, he filed a complaint, which was also dismissed by the appellate court of the canton of Zurich. With a complaint in criminal matters to the Federal Court, A.________ seeks immediate release from detention or the imposition of alternative measures.
You can find the complete summary of the judgment in the Portal.
5A_71/2026: Judgment on the Denial of Rights Complaint Against the Cantonal Court of Lucerne
Summary of the Facts
The complainant filed various submissions and requests for provisional measures without referring to an appealable decision. The Federal Court then pointed out to him that such requests can only be dealt with within the framework of an ongoing appeal procedure. After the complainant again submitted a filing and a denial of rights complaint, the cantonal court of Lucerne indicated that a substantively justified complaint must be submitted to the competent district court.
You can find the complete summary of the judgment in the Portal.