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 with 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_39/2026: Judgment on free legal aid in the appeal proceedings
Summary of the Facts
A.________ requests free legal aid in a pending appeal before the High Court of the Canton of Bern regarding allegations of sexual coercion and exploitation of a vulnerable situation. The previous instance rejected the request, as A.________ submitted incomplete documents regarding her financial situation despite being asked to provide complete information.
Summary of the Considerations
The appeal in criminal matters is permissible against the final cantonal interim decision regarding free legal aid, as an irremediable disadvantage is imminent. The previous instance rejected the request because A.________ did not sufficiently prove her financial need, particularly due to the lack of tax documents and bank statements, which violated her obligations to cooperate. According to Article 136 of the Criminal Procedure Code (StPO), the granting of free legal aid requires lack of means and non-frivolousness of the claim. The applicant must cooperate comprehensively, and particularly complex circumstances require a thoroughly documented representation of the financial situation. It is argued against the previous instance that its request to A.________ for the submission of documents was general and did not specify the necessary documents. This is problematic, as A.________, a legal layperson, was operating without legal representation. A.________ made an effort to present her financial situation in a timely manner by submitting relevant documents such as her spouse's pay slip and details on rental and medical expenses. Under the given circumstances, the previous instance should have set a deadline for supplementing the documents. In a criminal case with serious allegations, free legal aid is particularly important to uphold victims' rights and avoid structural inequality.
Summary of the Dispositive
The dispositive grants the appeal and overturns the decision of the previous instance. The matter is referred back for review and decision regarding free legal aid, without costs being imposed.
8C_223/2025: Accident insurance: Revision of the disability pension
Summary of the Facts
The insured, A.________, requested a revision of his disability pension, which was awarded to him due to a motorcycle accident in 2012 and the resulting disability degree of 17%. The insured argued that his hypothetical earnings without disability in 2022 would have been CHF 110,000. The Swiss Accident Insurance Institute (CNA) rejected the revision and confirmed the degree of disability and the calculation of the hypothetical income. The cantonal previous instance dismissed the insured's appeal.
Summary of the Considerations
- E.1: The legal route and the admissibility of the appeal are examined and deemed formally correct. - E.2.1-2.3: The legal framework regarding the revision of a disability pension is outlined. A hypothetical income without disability is only subject to revision if concrete and credible evidence of a possible salary development can be presented. - E.3.1-3.2: The calculation of the hypothetical income without disability was based on statistical data and the last known income before the accident. A speculative salary increase cannot be recognized in the absence of concrete evidence. - E.4: The cantonal previous instance thoroughly considered that the insured had discontinued his master's studies for reasons not related to the accident. The hypothetical possibility of a doctorate is based on speculative assumptions. - E.5-6.4: The insured criticized the gathering of evidence, particularly the ignored statement of a second signatory of a hypothetical salary certificate. However, the Federal Court found that the existing evidence and the information obtained were sufficient and no additional evidence gathering was necessary.
Summary of the Dispositive
The appeal was completely dismissed, and court costs were imposed without awarding party compensation.
8G_1/2026: Request for clarification/correction regarding party compensation in the judgment of the Federal Court
Summary of the Facts
A.________ submits a request for clarification/correction, as he was not awarded party compensation in the judgment of the Federal Court of January 19, 2026 (8C_166/2025) despite legal representation. The request is granted, and dispositive item 3 of the original judgment is corrected accordingly.
Summary of the Considerations
- **E.1**: The Federal Court states that according to Art. 129 para. 1 BGG, unclear, incomplete, or contradictory dispositives can be corrected. - **E.2**: A faulty decision regarding party compensation in the judgment of January 19, 2026, is identified and corrected, as the appellant was apparently legally represented. - **E.3**: Court costs are not imposed (Art. 66 para. 1 BGG), and the applicant receives compensation from the court treasury according to Art. 68 para. 4 in conjunction with Art. 66 para. 3 BGG.
Summary of the Dispositive
The court has granted the correction request, corrected the original decision on party compensation, and awarded compensation. Additionally, no court costs were imposed.
5A_54/2024: Decision regarding divorce and liquidation of the matrimonial property regime
Summary of the Facts
A.________ and B.________ have been married since 2006 and have been living separately since 2013. The husband filed a unilateral divorce petition in 2016. In the context of the divorce consequences, issues regarding maintenance payments, the division of co-ownership of a property, and the liquidation of the matrimonial property regime were disputed.
Full summary of the judgment can be found in the Portal.
6B_997/2025: Non-acceptance of a revision request regarding a criminal order
Summary of the Facts
The appellant challenged a non-final criminal order issued by the Public Prosecutor's Office of Limmattal/Albis on April 24, 2019, which he had originally acknowledged by withdrawing his objection. With a later revision request, he sought the reopening of the proceedings and the establishment of several impermissible circumstances. The High Court of the Canton of Zurich did not accept the revision request. The appellant then appealed to the Federal Court and criticized, among other things, the disproportionality of the measures and a violation of his fundamental rights.
Full summary of the judgment can be found in the Portal.
6B_670/2025: Decision regarding conviction for insult, attempted coercion, and coercion
Summary of the Facts
A.________ was convicted by the District Court of Saane and by the Criminal Chamber of the Cantonal Court of Fribourg on multiple criminal counts, including insult, attempted coercion, and coercion. The occasion was conflicts regarding the use of a path burdened by a right of way, whereby A.________ hindered or prevented access through various actions. In the appeal procedure, part of the charges against A.________ was dropped, but the sentence was confirmed and adjusted. A.________ appealed this judgment to the Federal Court.
Full summary of the judgment can be found in the Portal.
1C_491/2025: Decision regarding the inadmissibility of appeals against the expropriation decisions of the Geneva State Council
Summary of the Facts
The appeals are directed against the decisions of the Geneva State Council of June 25, 2025, which ordered the expropriation of a servitude and the urgency of construction work on certain parcels in favor of several parties. The appellants primarily demanded the annulment of the contested decisions and, alternatively, their referral back to the Administrative Court of the Canton of Geneva. The appeals were consolidated by the Federal Court, as they concern the same facts and raise identical legal questions.
Full summary of the judgment can be found in the Portal.
9C_457/2025: Cost liability in the appeal procedure
Summary of the Facts
The appellant A.________ filed an appeal on August 27, 2025, in matters of public law against a judgment of the Insurance Court of the Canton of Ticino of July 21, 2025, regarding compensation payments for loss of earnings and maternity. After a payment deferral was granted, the appellant still failed to pay the required advance payment of court costs and later requested a reduction or installment payment. However, this was rejected, and a final payment deferral of ten days was granted.
Full summary of the judgment can be found in the Portal.
2C_458/2025: Judgment on family reunification (Art. 47 para. 4 AIG)
Summary of the Facts
A.A., a Lebanese national with a residence permit in Switzerland, applied for family reunification for his wife B. and their two common children C.A. and D.A., who have been living in Lebanon since 2015. The application was rejected due to exceeding the deadline by the Migration Office Zurich as well as by the Security Directorate and the Administrative Court of the Canton of Zurich. A.A. justified this with the care situation for his wife's parents and brought the case to the Federal Court.
Full summary of the judgment can be found in the Portal.
9D_2/2026: Judgment on the tax exemption in the Canton of Aargau
Summary of the Facts
The taxpayer A.________ requested the exemption from unpaid cantonal and municipal taxes of Aargau for the tax periods 2022 to 2024. Her request was rejected by the Tax Commission Buchs. The appellant appealed to the Special Administrative Court of the Canton of Aargau, whose departmental decision dismissed the appeal. She then filed a complaint in matters of public law as well as a subsidiary constitutional appeal with the Federal Court.
Full summary of the judgment can be found in the Portal.
5A_145/2026: Judgment on an unfounded appeal in a child support dispute
Summary of the Facts
The parties divorced before the District Court of Bülach, where the ancillary consequences of the divorce, particularly child support, were regulated. The appellant appealed against the judgment, and the respondent filed a cross-appeal. The High Court of the Canton of Zurich partially amended the judgment and re-regulated child support. The appellant personally filed an appeal to the Federal Court and made accusations against his wife and various individuals without sufficiently justifying the legal considerations of the contested judgment.
Full summary of the judgment can be found in the Portal.
9C_65/2025: Decision on the issue of delayed or denied jurisdiction and procedural costs in the context of disability insurance
Summary of the Facts
The insured, A.________, submitted a request in February 2014 to the UAI (Disability Insurance Office of the Canton of Ticino) for a disability pension due to a health impairment. After further medical clarifications, she was granted a half pension for a limited period but denied a full disability pension. Several instances, including the cantonal court, initiated referrals and progress in the clarifications. The insured eventually filed a complaint with the Federal Court, where she objected to denied or delayed jurisdiction and the abolition of court costs in the cantonal instance.
Full summary of the judgment can be found in the Portal.
5A_362/2025: Judgment on the contestation of resolutions of a condominium association
Summary of the Facts
The appellants (owners of condominium units in the D.________ development) contest resolutions of the condominium association D.________ concerning the organization of August 1 festivities and a general regulation of the use of the playground and lawn. The previous instances decided partially not to accept the lawsuits or to dismiss them, particularly due to a lack of current legal interest.
Full summary of the judgment can be found in the Portal.
2C_7/2026: Decision on the extension of administrative detention in a deportation procedure
Summary of the Facts
A.________, an Algerian national, was sentenced to three years of imprisonment for several criminal offenses and a five-year deportation. After his release on probation, his administrative detention was extended several times due to the preparation of his deportation to his country of origin Algeria. As the Algerian authorities recently denied a laissez-passer intended for him, efforts for his repatriation continue.
Full summary of the judgment can be found in the Portal.
7B_1115/2024: Appeal by the Public Prosecutor of the Canton of Vaud against a judgment on cost and compensation regulations after a dismissal order
Summary of the Facts
The case concerns the cost and compensation regulations after a dismissal order issued by the Vaud prosecutor on March 13, 2024, in which a criminal charge for violation of the right of residence was dismissed. Following an appeal by the respondent (A.________), the judgment was partially amended. The question presented to the Federal Court particularly concerns the state's cost coverage and the compensation of the respondent.
Full summary of the judgment can be found in the Portal.
9C_592/2025: Decision regarding the non-compliance with the deadline for the payment of the advance on procedural costs
Summary of the Facts
A.________ had requested an adjustment of his IV pension from the competent Disability Insurance Office due to a deterioration in health. Dissatisfied with the office's decisions, he approached the Federal Administrative Court, which requested him to pay an advance on procedural costs. After this advance was not paid in time, the court declared the appeal inadmissible. A.________ then filed a complaint with the Federal Court, disputing, among other things, the application of procedural rules by the Federal Administrative Court.
Full summary of the judgment can be found in the Portal.
7B_612/2025: Decision regarding the legality of the utilization of surveillance data from France
Summary of the Facts
A.________ was monitored through secret surveillance measures in Switzerland and France (GPS tracking and acoustic monitoring) in connection with suspected drug trafficking. The data from the French surveillance was introduced into the proceedings in Switzerland. A.________ requested the withdrawal and destruction of this data. The Federal Court addressed the question of whether this data is admissible in light of the principle of territoriality and international mutual assistance regulations.
Full summary of the judgment can be found in the Portal.
9C_449/2025: Decision on the insurance obligation during temporary incapacity for work within the framework of health insurance
Summary of the Facts
A.________, residing in Switzerland and then in France, was insured with Helsana Assurances SA (Helsana) for mandatory health insurance. Helsana demanded the reimbursement of benefits provided from August 1 to November 14, 2022, as it believed A.________ was not insured during that period. However, the previous instance decided that A.________ remained subject to the Swiss health insurance due to the sick day payments received during that period.
Full summary of the judgment can be found in the Portal.
1C_614/2025: Decision on cost allocation in connection with protective measures under the Zurich Violence Protection Act
Summary of the Facts
The Cantonal Police of Zurich had ordered protective measures against A.A.________ based on the Violence Protection Act (GSG) due to acts of violence. These were later partially extended by the District Court of Bülach. The costs of this extension were largely imposed on A.A.________. A.A.________ contested the cost allocation and requested full coverage by the state treasury or a reduction. The Administrative Court of the Canton of Zurich dismissed his appeal. With an appeal in matters of public law, A.A.________ approached the Federal Court to challenge this cost decision.
Full summary of the judgment can be found in the Portal.
5A_5/2026: Decision on the advance on costs in an appeal in enforcement proceedings
Summary of the Facts
B.________ AG initiated debt collection against A.________. The debt collection district of Benken-Kaltbrunn-Schänis seized the amount of A.________'s income that exceeds the minimum subsistence level of CHF 490.15. A.________ appealed against the seizure to the District Court of See-Gaster, which was dismissed. A renewed appeal to the Cantonal Court of St. Gallen was not addressed as the appeal was not accepted. A.________ then filed an appeal with the Federal Court but failed to comply with his obligation to provide an advance on costs despite a deadline extension.
Full summary of the judgment can be found in the Portal.
7B_1127/2025: Non-acceptance of a revision request: Formal requirements and deadline compliance
Summary of the Facts
A.________ requested the revisionary cancellation of the decisions ordering custody by the Cantonal Court, based on an acquittal by the Appellate Court of Basel-Stadt. The Cantonal Court did not accept the revision request, among other reasons due to formal defects and alleged failure to meet deadlines. A.________ filed an appeal with the Federal Court.
Full summary of the judgment can be found in the Portal.
5A_772/2024: Maintenance payments in the context of divorce measures
Summary of the Facts
A.A.________ and B.A.________, married since 1988, have been living separately since 2019. In the context of separation measures and the later requested unilateral divorce, legal questions arose regarding the calculation and adjustment of maintenance payments to the wife. Before the previous instance, the amount of maintenance payments was changed, which the husband challenged before the Federal Court.
Full summary of the judgment can be found in the Portal.
8C_182/2025: Decision on disability insurance – Review of pension calculation and work capacity
Summary of the Facts
The appellant A.________ suffered a shoulder injury in 2018 and also suffered from acne inversa/hidradenitis suppurativa. After vocational reintegration measures and a medical assessment by the IV Office of Bern, he was not granted a disability pension as the degree of disability was 33%. However, the Administrative Court of the Canton of Bern awarded him a quarter pension retroactively from July 2021 and forwarded later submissions as a revision request. The appellant requested a full disability pension or a higher partial pension before the Federal Court.
Full summary of the judgment can be found in the Portal.
5A_159/2026: Judgment on the suspensive effect of an account freeze
Summary of the Facts
The appellant requested the super-provisional or precautionary lifting of an account freeze in the context of a debt collection procedure from the High Court of the Canton of Bern and requested supervisory measures. The High Court rejected these requests, after which the appellant filed a civil appeal to the Federal Court.
Full summary of the judgment can be found in the Portal.
7B_1159/2025: Decision on the rejection of requests for the recusal of the Geneva prosecutor
Summary of the Facts
The appellant, A.________, requested the recusal of the Geneva prosecutor Olivier Jornot in several proceedings. These requests arose from three main circumstances: the prosecutor's behavior during a hearing on May 26, 2025, the allegedly unjustified delay in approving a visit from his lawyer in prison, and the unintentional opening of a lawyer's letter by a court clerk. The cantonal Criminal Chamber rejected the recusal requests, after which A.________ filed an appeal with the Federal Court.
Full summary of the judgment can be found in the Portal.