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 dispositives. For the other 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.
7B_1061/2024: Complaint and determination of a delay in justice by the Cantonal Court of Zurich
Summary of the Facts
The association A.________ and its board members B.________, C.________, and D.________ filed a criminal complaint for defamation and slander. Following a non-admission by the Zurich-Limmat public prosecutor's office and a subsequent complaint to the Cantonal Court of Zurich, they claimed before the Federal Court that both the public prosecutor's office and the Cantonal Court had violated the obligation to expedite proceedings. In the meantime, the Cantonal Court's decision was issued, rendering parts of the complaint moot.
Summary of the Considerations
1. (1.1) The Federal Court confirms the admissibility of the delay in justice complaint according to Art. 94 BGG. (1.2) The request to determine a violation of the obligation to expedite proceedings by the public prosecutor's office is dismissed due to the incomplete exhaustion of cantonal instances. (1.3) The complainants have partially substantiated their complaint; however, the current legal interest in protection is lacking following the issuance of the Cantonal Court's decision. (1.4) The complaint is nevertheless examined as the violation of procedural rights according to the ECHR has been substantiated. (1.5) The request to instruct the Cantonal Court to conclude the proceedings is moot.
2. (2.1) The Federal Court explains the principles of the obligation to expedite proceedings and examines the duration of proceedings of the Cantonal Court. The inactivity of the lower court for about 17 months is deemed unnecessarily long and unlawful under federal law. (2.2) The violation of the obligation to expedite proceedings is classified as particularly serious in light of the impending statute of limitations for the reported offenses and the legitimate interest of the complainants.
Summary of the Dispositive
It is determined that the Cantonal Court has violated the obligation to expedite proceedings, and the complainants must bear court costs.
6B_137/2025: Decision on the formal inadmissibility of a criminal case (Violation of a maintenance obligation)
Summary of the Facts
The Federal Court addresses the appeal of A.________ against a judgment of the Cantonal Court of Fribourg, which found him guilty of violating his maintenance obligation towards his son. A.________ failed to pay 2100 CHF monthly from March 1 to December 31, 2023, although this obligation was imposed on him by a final judgment. He had given up his employment to pursue his studies, although he would have been able to obtain a job based on his qualifications and work experience.
Summary of the Considerations
1. The Federal Court refers to the facts of the cantonal judgment and the complaint filed by A.________ against it. 2. There was a lack of coherent and comprehensible reasoning on the part of the appellant as well as an adequate legal basis for his actions. 3. The request for free legal aid was denied, as the appeal had no prospects of success. 4. Formally, an appeal must be sufficiently substantiated (Art. 42 para. 1 and 2 BGG), which was not the case here. 5. The Federal Court adheres to the facts established in the cantonal judgment and does not review new evidence unless a manifestly erroneous finding of facts is claimed. 6. It points out that a violation of cantonal law can only be reviewed in terms of arbitrariness, which requires that the asserted objections are sufficiently substantiated. 7. The appeal was classified as inadmissible due to its misleading, inappropriate, and incoherent content. 8. The appeal contained no concrete requests, which additionally led to its inadmissibility. 9. Presented facts that were not included in the original judgment were rejected and not considered. 10. The appeal did not meet the legal requirements; no objection was raised against the binding nature of the maintenance arrangement in the civil case. 11. The appellant's argument regarding state action and its appropriateness did not fall within the jurisdiction of the Federal Court. 12.-13. Norms of the Fribourg Constitution, which the appellant referred to, were not sufficiently substantiated as directly applicable. 14. The Federal Court declared the appeal as obviously without merit and denied the request for free legal aid.
Summary of the Dispositive
The appeal is declared inadmissible, and the request for free legal aid is denied; the appellant bears the procedural costs.
4A_462/2024: Assessment of a claim related to structured financial products
Summary of the Facts
The Bank A.________ and B.________ AG had a long-standing business relationship regarding structured financial products. B.________ AG filed a lawsuit because it demands payment processing related to a transaction involving mini-futures that Bank A.________ had refused. The Bank argued, among other things, that the involved customer advisor (C.________) lacked the authority to represent and that criminal acts were present. The Commercial Court of the Canton of Zurich ordered the Bank to pay, after which it filed an appeal to the Federal Court.
Summary of the Considerations
1. Admissibility of the appeal There is a civil matter, the appeal is directed against a final decision of a supreme cantonal court, and the appeal period has been observed (E. 1). 2. Application of law by the Federal Court The Federal Court applies the law ex officio but only examines the presented grievances when the legal defects are not obvious. The factual findings of the lower court are binding unless they are obviously incorrect or arbitrary (E. 2.1–2.2). 3. Existence of a sufficient dispute by the appellant The Bank did not substantially contest the conversation transcripts between C.________ and D.________, although this would have been possible. A dispute with lack of knowledge was deemed impermissible. The content of the conversations and the related order instructions were therefore considered undisputed (E. 3.1–3.3). 4. Validity and authority of the order instruction by C.________ The lower court recognized a valid order instruction from C.________ regarding two mini-futures (ISIN CH0501202847 and CH0501203092). Although C.________ did not have comprehensive authority internally, B.________ AG was entitled to rely on an apparent authority. The validity of the corresponding order instructions was also confirmed (E. 4.2.1–4.2.3). 5. Compensation for losses from an instruction regarding hedge positions The lower court affirmed a liability of Bank A.________ for compensation due to an instruction from C.________, assessed their calculation of the loss as comprehensible, and rejected the appeal against it (E. 4.2.4–4.3.4). 6. Examination of the counterclaim The lower court had already examined the points asserted by the appellant in the counterclaim. Neither a nullity regarding the contract was recognized nor collusive behavior was established (E. 5).
Summary of the Dispositive
The appeal is dismissed; the court costs and compensations must be borne by the appellant.
6B_249/2025: Inadmissibility of an appeal due to insufficient reasoning in criminal law
Summary of the Facts
A.________ filed an appeal in criminal matters against a judgment of the Criminal Appeals Chamber of the Canton of Vaud from December 16, 2024, which confirmed previous sanctions and penalties as well as compensations. He argued that his right to be heard and equal treatment had been violated, as well as that the procedural costs and attorney fees of the opposing party were unjustified. The Federal Court deemed the appeal inadmissible due to insufficient reasoning.
The complete summary of the judgment can be found in the Portal.
9C_327/2023: Decision regarding assistance rights in an administrative procedure in the area of disability insurance
Summary of the Facts
The complainant (A.________) applied for benefits from the disability insurance of the Canton of Vaud, which were partially granted. The cantonal instance referred the pension question back to the administration for further clarification. In the course of the long and complex administrative proceedings, the complainant requested free legal aid, which was denied by the cantonal court. Against this decision, the complainant appealed to the Federal Court, demanding free legal aid and adjustment of the compensation to his attorney.
The complete summary of the judgment can be found in the Portal.
9C_6/2025: Decisions regarding the consideration of broker fees in property gain tax
Summary of the Facts
The complainants A.A.________ and B.A.________ sold two properties in 2021 and declared the broker fee of CHF 38,800 in their tax return as deductible asset costs. The Cantonal Tax Office of St. Gallen did not consider the broker fee in the taxable property gain, as the C.________ GmbH, which acted as the broker, is controlled by the complainants. The lower instance confirmed the opinion of the tax office.
The complete summary of the judgment can be found in the Portal.
7B_1457/2024: Non-appealability of an interim decision
Summary of the Facts
A.________ filed a criminal complaint against B.________, leading the public prosecutor's office of Solothurn to open proceedings, which were subsequently suspended. A.________ appealed against this suspension to the Cantonal Court of Solothurn, which dismissed the complaint due to lack of prospects of success. A.________ then filed a complaint in criminal matters with the Federal Court aiming to lift the suspension and continue the proceedings.
The complete summary of the judgment can be found in the Portal.
5F_17/2025: Judgment on two revision requests from a mother in connection with a return decision
Summary of the Facts
The complainant, mother of the child C.________ born in 2017, challenged a return decision that grants the father B.________ the right to return the child to France based on the Convention on the Civil Aspects of International Child Abduction (CLaH80). The lower instance and the Federal Court (decision of March 6, 2025) confirmed the return order. Later, the mother requested a revision of the aforementioned Federal Court judgment and the reopening of the proceedings based on alleged deficiencies and new facts.
The complete summary of the judgment can be found in the Portal.
9C_688/2024: Federal Court judgment on revision in connection with the denial of free legal aid
Summary of the Facts
The insured A.________ applied for benefits from the disability insurance of the Canton of Vaud. After a partial award of the disability pension and a return order to the administration for further documentation by the cantonal court, the insured requested free legal aid, which was denied by both the cantonal and federal jurisdiction. After his revision requests were rejected, he again filed a legal remedy request to the Federal Court to obtain the revision of the cantonal decision of March 23, 2023.
The complete summary of the judgment can be found in the Portal.
6B_223/2025: Decision on the issue of non-admission in a criminal appeal
Summary of the Facts
The lower court, the Cantonal Court of Zurich, acquitted A.________ of all charges and set a compensation amount of CHF 33,000.--. It dismissed his further claims for damages and compensation. A.________ appealed to the Federal Court, claiming additional amounts and a violation of the obligation to expedite proceedings.
The complete summary of the judgment can be found in the Portal.
6B_1246/2023: Judgment on the assessment of evidence and criminal responsibility in a criminal procedure
Summary of the Facts
The complainant was convicted by the District Court of Zurich for several offenses, including incitement to sexual acts with children and desecration. The Cantonal Court of Zurich reduced the prison sentence and refrained from outpatient treatment, relying on two contradictory expert opinions regarding the complainant's criminal responsibility. The Federal Court reviews the evidentiary assessment of the lower court and the question of criminal responsibility.
The complete summary of the judgment can be found in the Portal.
2C_412/2024: Decision on the requirements for standing in public law
Summary of the Facts
A.________ Sàrl filed a complaint against a decision of the Security Directorate of the Canton of Fribourg dated April 22, 2024. This had issued a warning to the managing partner B.________ due to violations of the Concordat on private security companies. The cantonal instance demanded a payment of a procedural cost advance of CHF 2,000, which was not settled. The cantonal decision declared the complaint inadmissible as a result.
The complete summary of the judgment can be found in the Portal.
6B_2/2025: Criminal proceedings against A.________ for various offenses
Summary of the Facts
A.________ was convicted by the District Court of Broye and Nordvaud on June 13, 2024, among other things, for attempted qualified extortion, defamation, and violation of a ban on residence. He received a prison sentence of 24 months and a lifetime expulsion from the country. The appeal to the Cantonal Court of Vaud was dismissed. The case involves various criminal accusations, including threats and false accusations against a fellow inmate and a violation of an existing expulsion order.
The complete summary of the judgment can be found in the Portal.
8C_651/2024: Decision regarding a case of accident insurance concerning causality and disability pension
Summary of the Facts
A.________, an employee as a plasterer, suffered severe head injuries during an assault on February 6, 2016. The accident insurance (INSAI) initially provided benefits but discontinued them as of March 31, 2020, after it did not assess the subsequent psychological complaints as adequately causally related to the accident. INSAI later recognized a disability pension of 20% as of April 1, 2020, but rejected psychological complaints as adequately causal. The cantonal court confirmed this assessment in the first instance, after which the insured appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
9C_362/2024: Judgment regarding tax law (liquidation profit and valuation of a company)
Summary of the Facts
The complainants, A.A.________ and B.A.________, contested the tax assessment for the tax period 2014, in which the liquidation profit of a sole proprietorship run by B.A.________ was disputed when transferred to a newly founded corporation. The Federal Court examined the applicability of the "method of practitioners" (Circular No. 28) for determining the liquidation profit.
The complete summary of the judgment can be found in the Portal.
8C_620/2024: Dispute over disability pension and professional reintegration – Referral for further clarification
Summary of the Facts
An insured person, who claimed a lumbospondylogenic pain syndrome and a lumboischialgia, demanded benefits from the disability insurance. The IV office of Solothurn denied any claims. The insurance court of the Canton of Solothurn granted a quarter pension from December 2018. Both parties appealed to the Federal Court against this decision.
The complete summary of the judgment can be found in the Portal.
1F_1/2025: Judgment regarding a revision request against a judgment on the municipal initiative "Hochdorf heats renewable"
Summary of the Facts
Roman Bolliger submitted a revision request against the judgment of the Federal Court from October 14, 2024, which dealt with his complaints regarding the municipal initiative "Hochdorf heats renewable". The original judgment dismissed Bolliger's complaints. In the revision proceedings, the applicant criticized various points that allegedly constituted grounds for revision in the sense of Art. 121 et seq. BGG.
The complete summary of the judgment can be found in the Portal.
1C_640/2023: Building permit for a mobile phone facility in Grenchen
Summary of the Facts
Swisscom (Switzerland) AG applied for a building permit for a mobile phone antenna in Grenchen. A.________ and B.________ opposed the permit issued by municipal and cantonal authorities, citing objections regarding radiation limits and environmental requirements. The cantonal appellate instances dismissed all complaints. The complainants filed a complaint with the Federal Court against the judgment of the Administrative Court of Solothurn.
The complete summary of the judgment can be found in the Portal.
9C_637/2024: Coverage of medical transportation costs by health insurance
Summary of the Facts
The insured A.________, born in 1947, claimed a transportation service from the Swiss Red Cross (SRK) for medical consultations with a total cost invoice of CHF 109.85 during the months of June to September 2022. Atupri health insurance refused to cover these medical transport costs by decree and decision on appeal. The insured's complaint against this was dismissed by the insurance court of the Canton of Solothurn. A.________ then sought partial coverage before the Federal Court.
The complete summary of the judgment can be found in the Portal.
2C_124/2025: Decision on the extension of a residence permit
Summary of the Facts
The Portuguese national A.________, who has been residing in Switzerland since 2004, has primarily financed himself through social assistance in recent years and is no longer employed. Due to his poor financial situation, he was issued several warnings before it was decided in 2023 not to extend his residence permit and to expel him from Switzerland. A.________ contested this decision all the way to the Federal Court.
The complete summary of the judgment can be found in the Portal.
7B_1343/2024: Decision on non-admission due to lack of cost advance
Summary of the Facts
The complainant filed a complaint on December 7, 2024, in criminal matters against the decision of the Cantonal Court of Schwyz dated November 7, 2024, which concerned a security deposit in defamation offenses and alleged denial of justice.
The complete summary of the judgment can be found in the Portal.
9C_199/2024: Judgment on property gain tax in the Canton of St. Gallen
Summary of the Facts
A complainant sold a property he had previously acquired below market value to a company of which he is the majority shareholder. The cantonal tax authorities determined a taxable property gain by taking the later realized market value of the property as a basis and additionally considering the difference to the agreed purchase price as profit. The complainant contested this, requesting a lower tax assessment basis and a new valuation of the market value.
The complete summary of the judgment can be found in the Portal.
4D_58/2025: Decision on the challenge of a general assembly resolution due to insufficient complaint reasoning
Summary of the Facts
The complainant A.________ wanted to challenge a resolution of the general assembly of the opposing party B.________ AG. Her lawsuit was dismissed by both the District Court of Rheintal and the Cantonal Court of St. Gallen. Before the Federal Court, she requested a deadline to substantiate her submission through legal assistance. The Federal Court examined the admissibility of the complaint and found that the timely filed complaint contained no sufficient reasoning.
The complete summary of the judgment can be found in the Portal.
2C_128/2025: Decision regarding a residence permit in Switzerland
Summary of the Facts
A.________, an 80-year-old Ecuadorian, applied for a residence permit in Switzerland to visit his children after his wife passed away. The State Secretariat for Migration denied the permit, stating that the requirements were not met. The complainant claimed a particular dependency need and appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
9C_475/2024: Decision regarding the admissibility of a legal remedy in connection with withholding tax
Summary of the Facts
The complainant, a company based in the Canton of Geneva, declared a liquidation surplus of 19,952,681 CHF in 2014 after a merger and applied for approval to fulfill its withholding tax obligation by declaration, which was rejected by the AFC. After several unsuccessful legal remedies, a new legal remedy was filed, and a subsidiary revision complaint was raised against the original decree, which was declared inadmissible by the Federal Administrative Court. The company then turned to the Federal Court.
The complete summary of the judgment can be found in the Portal.
7B_29/2025: Decision on non-admission and dismissal
Summary of the Facts
The complainant, the A.________ AG, opposed a decision of non-admission by the Public Prosecutor's Office of the Canton of Fribourg dated November 4, 2024. The Cantonal Court of Fribourg dismissed the cantonal complaint on December 9, 2024. The complainant challenged this dismissal before the Federal Court but did not meet the statutory grievance and reasoning obligations under the Federal Court Act (BGG).
The complete summary of the judgment can be found in the Portal.
6B_55/2025: Federal Court judgment on penalty for commercial fraud
Summary of the Facts
A.________, a Spanish national, was sentenced by the District Court of La Côte to a total prison sentence of 39 months for commercial fraud, which also included the revocation of a conditional release. He was accused of accepting deposits for expensive watches under false promises and misusing them. The cantonal appeal instance confirmed this judgment. The complainant appealed to the Federal Court, demanding a milder legal assessment of the acts and a reduction of the penalty.
The complete summary of the judgment can be found in the Portal.
2C_456/2024: Decision on residence permit and family reunification
Summary of the Facts
The complainant A.A., a national of North Macedonia, applied for a residence permit in Switzerland through family reunification to live with his wife, who has had a residence permit together with her children since 2016. The competent cantonal authorities and the Cantonal Court of Vaud rejected the applications and complaints. The complainant then filed a complaint with the Federal Court in public law matters or a subsidiary constitutional complaint.
The complete summary of the judgment can be found in the Portal.
2C_106/2025: Denial of extension of residence permit and denial of free legal aid
Summary of the Facts
The complainant, a Spanish national, applied for the extension of her residence permit in Switzerland, which was denied by the competent cantonal authorities. She lodged a complaint against this and also requested free legal aid. Both requests were denied.
The complete summary of the judgment can be found in the Portal.
4D_60/2025: Jurisdiction and requirements for a subsidiary constitutional complaint
Summary of the Facts
The complainant filed a complaint with the Federal Court against the decision of the Cantonal Court of Thurgau dated February 6, 2025, after he had already lost in the District Court of Frauenfeld. Before the Federal Court, he did not assert a substantiated violation of constitutional rights.
The complete summary of the judgment can be found in the Portal.
6B_222/2025: Decision on the formal inadmissibility of a legal remedy in criminal matters
Summary of the Facts
The complainant A.________ submitted a complaint to the Federal Court against the decision of the Chambre pénale d'appel et de révision of the Cour de justice Genf dated January 28, 2025. The cantonal decision declared a revision of the judgment of September 24, 2024, requested by A.________ as inadmissible. Additionally, a request for free legal aid was submitted.
The complete summary of the judgment can be found in the Portal.
6B_642/2024: Judgment on sentencing and criminal responsibility in a comprehensive criminal procedure
Summary of the Facts
A.________ was sentenced by the District Court of Münchwilen for a multitude of offenses, including qualified violations of the Narcotics Act, to a prison sentence of 9 years and 5 months as well as further sanctions such as a 15-year expulsion from the country. The judgment was confirmed by the Cantonal Court of Thurgau. A.________ appealed to the Federal Court and requested a modification of the penalties as well as a reduction of the expulsion.
The complete summary of the judgment can be found in the Portal.
8C_344/2024: Disability Insurance Pension
Summary of the Facts
An insured person (born 1996), who applied for benefits from the disability insurance due to a stroke and subsequent health limitations, seeks a full disability pension from the Federal Court as of December 1, 2020. The previous medical assessment and evaluation of his work ability led to the awarding of a three-quarter pension, which he contested.
The complete summary of the judgment can be found in the Portal.
5A_288/2025: Decision on super-provisional child protection measures
Summary of the Facts
The president of the APEA of the Canton of Jura ordered on April 2, 2025, super-provisional measures to protect a child, including the withdrawal of the parents' right to determine the child's residence and its placement in a foster family. Additionally, an extended curatorship according to Art. 308 para. 2 of the Swiss Civil Code was ordered. The father approached the Federal Court with a "signalement" and requested, among other things, the "release" of the child.
The complete summary of the judgment can be found in the Portal.
7B_75/2025: Non-admission of appeal against a suspension order
Summary of the Facts
A.________ filed a criminal complaint against B.________, after which the Cantonal Court of Basel-Stadt suspended the proceedings. With the Federal Court's decision of October 6, 2024, the basis for this suspension became void, which is why the appeal against the suspension was dismissed as moot and terminated free of charge. A.________ then appealed to the Federal Court, requesting the continuation of various other complaints against third parties.
The complete summary of the judgment can be found in the Portal.