Latest Judgments of the Federal Court
Here you will find the latest 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 in the portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
1C_462/2024: Judgment regarding the recusal request in the canton of Graubünden
Summary of the Facts
A.A.________ and B.A.________ submitted a recusal request against several judges to the Administrative Court of the canton of Graubünden, which was rejected due to improper formulation and sent back for improvement. After the correction was not made, the court did not consider the request. The Federal Court had to rule on a complaint in public law against the decision not to consider the request.
Summary of the Considerations
The decision of the Administrative Court is a final interim decision regarding the recusal request, which pertains to cantonal law. In this context, the Federal Court only reviews for arbitrariness. The Federal Court limits its review to whether the lower court correctly made the decision not to consider the request and does not make substantive statements about the allegations or claimed grounds for recusal. According to Art. 38 VRG/GR, legal documents must be drafted substantively, in an official language, and without improper formulations. The Administrative Court set a deadline for correction, which was not met. It was lawful for the Administrative Court not to consider the submission of June 17, 2024, since it again contained improper formulations and there was no improvement compared to the original submission. The blanket allegations against the judges were merely repeated without concrete evidence. The submission was correctly treated as a recusal request regarding a specific pending procedure (R 24 51), as a general recusal request for all procedures is inadmissible.
Summary of the Dispositive
The complaint was dismissed, and the court costs were imposed on the complainants.
9C_122/2025: Decision of the Federal Court on Disability Insurance: Process Requirements and Formal Deficiencies
Summary of the Facts
The complainant A.________ requested a "precautionary" appeal to the Federal Court for the review of a decision of the Federal Administrative Court dated January 24, 2025, which denied his claim for a disability pension and vocational reintegration measures. The appeal was supposed to either lead to the recognition of a disability pension from January 23, 2014, or the referral to the responsible disability insurance (UAIE) for reassessment. However, the submission did not contain sufficient justification and was formally inadmissible.
Summary of the Considerations
1. (Art. 29 para. 1 BGG) The Federal Court examines its jurisdiction and the admissibility of legal remedies ex officio. The appeal does not meet the legal requirements, as it lacks a coherent justification. 2. (Art. 42 para. 1 and 2 BGG) The appeal must include the requests, justification, and evidence. The complainant only submitted a request for an extension of deadlines and references to ongoing medical clarifications without presenting substantive arguments. 3. (Art. 47 para. 1 BGG) The complainant was informed that statutory deadlines, such as that for an appeal, cannot be extended. 4. (Art. 50 BGG) Restoration of deadlines is only possible if the deadline has already expired, which was not the case here. 5. (Art. 108 para. 1 lit. b BGG) Due to the lack of formal requirements, the appeal was declared inadmissible in the simplified procedure. 6. (Art. 66 para. 1 second sentence BGG) No court costs were imposed due to the circumstances of the case. 7. (Art. 64 para. 1 and 2 BGG) The request for free legal aid was rejected due to lack of prospects for success.
Summary of the Dispositive
The appeal is declared inadmissible, and the request for free legal aid is rejected. No court costs are imposed.
2C_445/2024: Non-renewal of residence permits and expulsion from Switzerland
Summary of the Facts
A. and B. (citizens of Kosovo) and their children have lived in Switzerland for more than 10 years. Due to high debts and economic social assistance, the parents were reprimanded multiple times. The residence permits of the parents were only renewed under conditions that they did not meet. Subsequently, these were not renewed further, and the family was to be expelled. The Administrative Court and the Federal Court confirmed these decisions.
Summary of the Considerations
The Federal Court considered the complaint since there is a potential claim for residence under Art. 8 ECHR and the conditions for a judgment are met. The Federal Court reviews the judgment of the lower court for legal violations. It does not accept insufficiently justified factual objections or new facts that arose only after the judgment of the lower court. The lower court correctly found that the parents did not meet the conditions for the residence permit without an excusable reason: they incurred new debts, showed no efforts to reduce existing debts, and did not take up the required employment in a timely manner. This constituted grounds for revocation according to Art. 62 para. 1 lit. d AIG as well as lack of integration according to Art. 63 AIG. The balancing of interests shows that the public interest outweighs private interests. Despite their long duration of stay and the birth of their children in Switzerland, the parents never established themselves economically, relied on social assistance, and showed no efforts at integration. The return to Kosovo, where they and their children are culturally and socially rooted, is reasonable and proportionate.
Summary of the Dispositive
The complaint and the request for free legal aid were dismissed, and the court costs were imposed on the parents.
6B_259/2025: Import tax fraud and customs evasion
Summary of the Facts
A.________ was initially convicted by the Pretura penale of the canton of Ticino for customs evasion and import tax fraud. He was accused of carrying out a total of 39 unauthorized transports through the company B.________ AG with three trucks registered abroad belonging to B.________ S.p.A. between January 27, 2014, and October 16, 2015. This conviction was partially amended by the cantonal appellate authority (CARP), establishing guilt only for 14 transports between mid-June and October 16, 2015. A.________ then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_150/2025: Question of jurisdiction regarding supplementary benefits for AHV/IV
Summary of the Facts
A.________ filed a complaint on December 12, 2024, against the decision of the compensation fund in Lucerne dated November 21, 2024, which ceased the disbursement of supplementary benefits for the AHV as of July 31, 2024. The compensation fund justified this with the jurisdiction of the canton of Ticino for the determination and payment, based on Art. 21 ELG, as A.________'s residence is in Ascona.
The Cantonal Court of Lucerne did not consider the complaint and referred the files for further examination to the insurance court of the canton of Ticino. The complainant then filed a complaint before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_163/2025: Inadmissibility of a legal remedy against a building law interim decision in the canton of Geneva
Summary of the Facts
A.________ received a building permit for technical adjustments and the renovation of the attics of two properties in Geneva. This permit was revoked by the Administrative Court of the canton of Geneva because the requirements according to Art. 43 para. 1 of the cantonal legislation on the protection of rental apartments (LDTR) were not met. The case was referred back to the cantonal authority for examination. A.________ then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_946/2024: Decision on the question of quality as a party and the disjunction of a criminal case
Summary of the Facts
The case concerns A.________ AG, which became a party in a proceeding after a merger with the criminally prosecuted B.________ AG. The background is a criminal case handled by the Federal Criminal Court, based on money laundering and violations of Art. 102 para. 2 StGB as well as Art. 305bis StGB. After the merger, A.________ AG pleaded for the termination of the proceedings and disjunction of the cases. The Federal Criminal Court rejected these requests, which brought A.________ AG before the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_225/2025: Decision on the extension of preventive detention
Summary of the Facts
A.________ was sentenced by the Cantonal Court of Schaffhausen for violations of the narcotics law, driving without authorization, and in an unfit state to a prison sentence of 36 months and a fine. After filing an appeal, the preventive detention was extended several times. Due to a recusal decision, parts of the appeal procedure had to be repeated. The Higher Court extended the preventive detention until the legally binding decision of the appellate court. A.________ filed a complaint in criminal matters to obtain a release from custody and to ascertain delays in justice.
Complete summary of the judgment can be found in the Portal.
1C_109/2024: Judicial review of a short-term police detention after release
Summary of the Facts
The complainant A.________ was controlled by the cantonal police of Basel-Stadt on May 1, 2023, taken to the police station, and held in a collective cell until the evening. Subsequently, he was issued a ban from the area. With a request dated May 11, 2023, the complainant sought to ascertain an unlawful deprivation of liberty, various violations of fundamental rights, and the deletion of identifying data and film recordings. The coercive measures court declared itself incompetent and referred the matter to the Court of Appeals of Basel-Stadt, which also did not consider the request and referred the matter back to the cantonal police for provision.
Complete summary of the judgment can be found in the Portal.
2C_449/2024: Decision on the granting of a taxi license according to the transitional regulation of the new Geneva taxi legislation
Summary of the Facts
A.________, a taxi driver who had been completely unable to work for two years since a traffic accident in April 2021, applied in May 2023 to the competent cantonal service in Geneva for a license for the use of public domain with increased intensity. He based this on the transitional provisions of the new Geneva taxi law (LTVTC/GE), which granted the issuance of such licenses under certain conditions. The application was rejected as A.________ was not considered an "effective user" of a license on the cut-off date of the law adoption (January 28, 2022). The cantonal authorities confirmed the rejection, prompting A.________ to turn to the Federal Court. He argued that his claim for equal treatment and economic freedom had been violated.
Complete summary of the judgment can be found in the Portal.
6B_255/2025: Inadmissibility of a criminal law appeal due to insufficient justification
Summary of the Facts
A.________ appealed against a decision of the Criminal Chamber of the canton of Geneva, which declared his request for a revision of an earlier decision (regularity of a penal order dated April 25, 2022) inadmissible. The original decision convicted him of the misappropriation of judicially blocked assets to a fine and a penalty, both with a three-year suspended sentence.
Complete summary of the judgment can be found in the Portal.
9C_139/2025: Decision regarding the extension of the deadline for submitting the tax return
Summary of the Facts
The complainant A.________ challenged a decision of the tax authorities of the canton of Vaud, which refused an extension of the deadline for submitting the tax return for the tax year 2022. He referred to an alleged health limitation that had prevented him from acting in a timely manner. The cantonal court dismissed his complaint as no sufficient evidence was presented and recommended to engage representation if necessary.
Complete summary of the judgment can be found in the Portal.
1C_111/2024: Decision regarding the judicial review of a police detention
Summary of the Facts
A.________ was subjected to a traffic control in Basel on May 1, 2023, and subsequently taken into police custody. After her release, she requested the coercive measures court to ascertain the illegality of the deprivation of liberty, various violations of fundamental rights, and other police measures. The coercive measures court and later the Court of Appeals of Basel-Stadt, acting as an administrative court, declared themselves incompetent and referred the matter to the cantonal police for provision. A.________ then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_127/2024: Judgment on building permit and crediting of an attic floor
Summary of the Facts
A.________, owner of a plot in Rheinfelden, applied for the demolition of an existing single-family house and the construction of a house with a basement apartment. The municipality of Rheinfelden granted the building permit with conditions, some of which were amended by the cantonal Department of Construction, Transport, and Environment. B.B.________ and C.B.________ appealed against the decision of this department to the Administrative Court of the canton of Aargau, which completely revoked the building permit. In response, A.________ and the city of Rheinfelden turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_124/2025: Decision on the admissibility of the complaint and free legal aid
Summary of the Facts
The complainant asserted various claims from a supplementary insurance for social health insurance as well as claims for damages and satisfaction. The District Court did not consider the claim, partly due to lack of subject matter jurisdiction and partly due to non-conduct of a conciliation procedure. The Higher Court of the canton of Zurich rejected the appeal against this decision. The complainant then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_26/2025: Inadmissibility of a legal remedy in a case of disability insurance
Summary of the Facts
The complainant A.________ filed a legal remedy on January 11, 2025, against a decision of the cantonal court of Valais dated January 10, 2025. The submission was incomplete and did not meet the requirements of Article 42 paragraphs 1 and 2 BGG (Federal Court Act). A supplementary letter from the complainant, dated February 13, 2025, was considered submitted late.
Complete summary of the judgment can be found in the Portal.
4A_126/2025: Judgment on tenant eviction
Summary of the Facts
The A.________ AG (complainant) was ordered by the judgment of the Commercial Court of the canton of Zurich dated February 3, 2025, to vacate and return certain office spaces of B.________ (respondent). The complainant appealed against this judgment to the Federal Court and requested its super-provisional suspensive effect. The Federal Court examined the complaint.
Complete summary of the judgment can be found in the Portal.
2C_477/2024: Decision regarding a license for increased public use according to Geneva taxi law
Summary of the Facts
The complainant, a taxi driver, requested a license for increased public use based on transitional provisions of the Geneva taxi law. He argued that his previous use of such licenses was interrupted due to the COVID-19 pandemic, which constituted a hardship case. The application was rejected by the competent cantonal office as well as the Geneva Court of Justice, as the complainant did not meet the legal requirements, particularly not the condition of being an effective user of such a license on the cut-off date (January 28, 2022).
Complete summary of the judgment can be found in the Portal.
2C_536/2024: Decision regarding the granting of authorization for increased public space usage
Summary of the Facts
A.________, a taxi driver in Geneva, requested authorization for increased public space usage based on the transitional provisions of the Geneva taxi law (LTVTC/GE), as he had previously worked as a tenant of such authorizations. The competent authorities rejected the application as he did not meet the crucial condition of being an "effective user" at the time of the law's adoption (January 28, 2022). Despite an appeal to cantonal authorities, the application remained unsuccessful. Before the Federal Court, A.________ also argued for an exception ("hardship case") citing the economic impacts of the Covid-19 pandemic. The Federal Court dismissed the appeal.
Complete summary of the judgment can be found in the Portal.
5A_102/2024: Judgment on the question of usufruct and the demand for securities
Summary of the Facts
The case concerns the legal dispute between B.A.________, holder of a usufruct and a right of residence, and his daughter A.A.________, whom he wanted to compel as the naked owner to return building keys. A.A.________, on the other hand, requested the revocation of her father's usufruct or alternatively the provision of securities.
Complete summary of the judgment can be found in the Portal.
2C_467/2024: Request for a residence extension and examination of a residence right under ALCP
Summary of the Facts
The Portuguese complainant A.________, who has been living in Switzerland since 2010, applied for the extension of her EU/EFTA residence permit. The cantonal authorities rejected this as A.________ could no longer be qualified as an employee and had been receiving social assistance for several years. Despite health issues, her ability to engage in employment was confirmed. The Federal Court examines the claim for a residence right under the Agreement on the Free Movement of Persons and according to Art. 8 ECHR.
Complete summary of the judgment can be found in the Portal.
1C_100/2025: Inadmissibility of a complaint against a contact ban according to the violence protection law of the canton of Zurich
Summary of the Facts
A.________ is the complainant against several contact ban orders of the cantonal police of Zurich and decisions of the District Court of Winterthur (coercive measures court) as well as the Administrative Court of the canton of Zurich regarding extensions of these measures. The disputes concern the application of the cantonal violence protection law (GSG/ZH).
Complete summary of the judgment can be found in the Portal.
4A_357/2024: Dispute over reimbursement for construction defects related to a real estate purchase
Summary of the Facts
A.________ and B.________, buyers of condominium ownership, are seeking damages from the seller C.________ SA due to construction defects in a warranty process. The first-instance judgment obliged C.________ SA to pay a price reduction corresponding to the costs of remedying certain defects, while the appellate instance rejected all claims. The buyers particularly complain about the disregard of warranty obligations and the accusation of delayed defect reporting.
Complete summary of the judgment can be found in the Portal.
7B_63/2025: Inadmissibility, recusal, and non-consideration
Summary of the Facts
A.________ filed a complaint against the public prosecutor of the 2nd department of the canton of Schwyz and a recusal request. The Cantonal Court of Schwyz did not consider the submission due to insufficient justification. The complainant subsequently filed a complaint in criminal matters with the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_613/2024: Decision regarding the non-renewal of a residence permit and expulsion
Summary of the Facts
The Portuguese citizen A.________, who has been residing in Switzerland since 2004, repeatedly struggled with financial and legal problems, including dependency on social assistance and criminal convictions. After repeated extensions of his residence permit, the canton of Vaud denied further extension in 2023 and ordered his expulsion.
Complete summary of the judgment can be found in the Portal.
4A_145/2025: Inadmissibility of the complaint in connection with free legal aid
Summary of the Facts
The complainant had requested the Administrative Court of the canton of Thurgau to revise an earlier judgment in which she was ordered to repay CHF 71,598.70 plus interest. At the same time, she submitted a request for free legal aid and the appointment of a free legal representative. The Administrative Court rejected the request as hopeless. Against this decision, the complainant filed a complaint with the Federal Court and also requested free legal aid for the federal court proceedings.
Complete summary of the judgment can be found in the Portal.
9C_56/2024: Tax matter regarding the transfer of real estate from business to private assets of the taxpayers
Summary of the Facts
The taxpayers A.A.________ and B.A.________ reside in the canton of Vaud. The case concerns the tax treatment of real estate (Plot No. xxx), inherited by A.A.________ from his father's estate in 1985 and remained in his business assets since then. In 2017, several condominium units from this property were gifted to A.A.________'s son. The authorities considered the gift as a transfer of these properties from business assets to private assets, resulting in a taxable profit. The taxpayers disputed this and argued that the properties were already in private assets.
Complete summary of the judgment can be found in the Portal.
2C_340/2024: Authorization for increased use of public space as a taxi driver
Summary of the Facts
A taxi driver, A.________, who has held a professional card since 2017, requests a license for increased use of public space under the transitional provisions of the new Geneva taxi legislation. He had previously rented such a license from a third party. The cantonal authorities and the Geneva courts rejected the application because he did not fulfill the decisive point (January 28, 2022) as an effective user of the license, as he had not worked for an extended period.
Complete summary of the judgment can be found in the Portal.
1C_110/2024: Jurisdiction in the subsequent review of police deprivation of liberty
Summary of the Facts
On May 1, 2023, A.________ was detained by the police during a traffic control and held in custody until the evening of the same day. After his release, he submitted a request on May 11, 2023, for judicial review of the deprivation of liberty and other police measures. The coercive measures court and the Court of Appeals of Basel-Stadt each declined to proceed directly and referred the request to the cantonal police of Basel-Stadt. A.________ then filed a complaint with the Federal Court to overturn the decision of the Court of Appeals and refer the matter back for substantive assessment.
Complete summary of the judgment can be found in the Portal.
1C_170/2024: Assessment of jurisdiction and procedures for building applications outside the building zone
Summary of the Facts
A farmer planned to build a hall in Zizers, located in an agricultural and landscape protection zone. The municipality of Zizers refused the building permit due to lack of zoning conformity, site specificity, and inadequate access. The Administrative Court of the canton of Graubünden confirmed this decision. The complainant argued that his building application was unlawfully not presented to the competent cantonal authority.
Complete summary of the judgment can be found in the Portal.
8C_161/2025: Judgment on free legal aid in a disability insurance process
Summary of the Facts
The complainant appealed against a ruling of the IV office of Appenzell Ausserrhoden and requested free legal aid, including the appointment of a free legal representative. The Higher Court of Appenzell Ausserrhoden temporarily granted him relief from court costs but rejected the appointment of a legal representative. He then appealed to the Federal Court against this.
Complete summary of the judgment can be found in the Portal.
4A_42/2025: Decision regarding the admissibility of a rental law complaint procedure
Summary of the Facts
A.________ appealed to the Federal Court against a decision of the Civil Court of Appeals of the canton of Neuchâtel dated December 9, 2024. The subject was a dispute over a rental contract. The Federal Court found that the required advance on procedural costs was not paid on time and declared the appeal inadmissible under Art. 62 para. 3 Federal Court Act (BGG).
Complete summary of the judgment can be found in the Portal.
1C_103/2024: Review of the jurisdiction of a cantonal court to deal with a request for the determination of the illegality of police measures
Summary of the Facts
The complainant A.________ participated in a demonstration in Basel on May 1, 2023, and was encircled by the cantonal police, subjected to a personal check, taken to the police station, and later released. With a request dated May 11, 2023, he sought from the coercive measures court, among other things, to establish the illegality of his short-term police detention. The jurisdiction was initially referred to the cantonal Court of Appeals and then to the cantonal police of Basel-Stadt. The complainant then filed a complaint with the Federal Court to clarify the jurisdiction of the Court of Appeals.
Complete summary of the judgment can be found in the Portal.
8C_147/2025: Judgment regarding premium reduction and process requirement
Summary of the Facts
A.________, the complainant, contested a decision of the Social Insurance Institution of the canton of Zurich regarding the definitive determination of his individual premium reduction claim for the year 2021 and the amount of a reimbursement debt. The lower court, the Social Insurance Court of the canton of Zurich, confirmed the objection decision of the Social Insurance Institution.
Complete summary of the judgment can be found in the Portal.
2C_394/2024: Decision on non-consideration of complaints regarding family reunification and suspension decision
Summary of the Facts
The complainant, a citizen of the Democratic Republic of Congo, submitted a request for family reunification with his daughter who has residence rights in Switzerland. The migration office suspended the procedure due to a parallel asylum procedure. The complaint filed by the complainant against this was dismissed by the Administrative Court of the canton of Solothurn. The complainant then filed a complaint in public law and a subsidiary constitutional complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_16/2025: Non-consideration of a complaint due to unexcused absence from the main hearing
Summary of the Facts
The complainant was summoned to participate in a main hearing before the Regional Court of Emmental-Oberaargau. Despite proper delivery of the summons and notice of the consequences of absence, he was unexcused absent from the hearing. The Regional Court recognized the penal order as legally binding under Art. 356 para. 4 StPO. The Higher Court of the canton of Bern rejected the complaint against this. The complainant then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_71/2025: Residence permit and return order
Summary of the Facts
A.________, an Ecuadorian citizen who lived illegally in Switzerland before his marriage, applied for the extension of his residence permit following the final separation from his second wife. This application for extension and his objection to the return order were rejected by the cantonal authorities. The affected party argued that reasons of personal hardship would justify his continued presence in Switzerland.
Complete summary of the judgment can be found in the Portal.