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 dispositions. 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.
5A_864/2024: Measures to Protect the Marital Community: Maintenance Contributions and Income Assessment
Summary of Facts
The parties (born in 1981 and 1979, married since 2013) have two children and have been separated since January 2022. The wife applied for measures to protect the marital community in October 2022, particularly for maintenance contributions. In earlier decisions of the civil court, maintenance arrangements were established, which were modified by the cantonal judiciary. The wife then filed a complaint with the Federal Court.
Summary of Considerations
(1) The appeal is formally and timely submitted according to Art. 100 and Art. 76 BGG and is generally admissible. (2) In measures according to Art. 98 BGG, the Federal Court only examines the violation of constitutional rights and applies strict review criteria based on the "principle of substantiation." (3) The Federal Court acknowledges the application of the "training level" method by the cantonal instance, considering the exceptionally favorable financial circumstances of the family. It is argued that the method of "minimum subsistence with distribution of surplus" is not applicable due to the financial situation and income fluctuations of the husband. (4) Concerns regarding the violation of the right to be heard (Art. 29 BV) regarding the husband's income calculation were rejected, as the training standard method does not require detailed income calculation. (5) The wife is attributed a hypothetical income of CHF 5,450 per month, which she could earn by resuming her professional activity. Criticisms from the wife regarding her previous professional life and the timeframe were dismissed, as the principle of financial independence after separation takes precedence.
Summary of Disposition
The appeal is rejected, and the court costs are imposed on the appellant.
5A_894/2024: Revocation of the Right to Determine Residency for Minor Children
Summary of Facts
The Federal Court assesses the complaint of a father (A.________) against the decision of the Cantonal Court of Thurgau. The Child and Adult Protection Authority (KESB) Frauenfeld revoked the right of residency for their three minor children (C.________, D.________, and E.________) from him and the mother (B.________). The reason was incidents of domestic violence, psychological disturbances, and the parents' deplorable living conditions, as well as the resulting endangerment of the child's welfare. The children were placed in care. The Cantonal Court only changed the visitation arrangement but confirmed the revocation of the right to determine residency. A.________ then filed a complaint with the Federal Court.
Summary of Considerations
(1.1–1.3) The complaint was submitted in a timely and formal manner. The request for the restoration of the right to determine residency in favor of the mother could not be considered due to the father's lack of entitlement to this request. The request for the revocation of guardianships was also not addressed due to lack of justification. (2.1–2.3) The Federal Court reviews the application of the law ex officio and imposes strict requirements on the accusation of legal violations and factual errors. New facts presented by the appellant after the decision of the lower court were deemed inadmissible. (3) The jurisdiction of the KESB Frauenfeld was given according to Art. 314 para. 1 ZGB and Art. 442 para. 1 sentence 2 ZGB until the conclusion of the ongoing proceedings, even if the parents changed their residence in the meantime. The appellant's objection to local jurisdiction was unfounded. (4.1–4.4) The endangerment of the child's welfare was unequivocally given due to documented domestic violence, psychological disturbances of the parents, and the non-child-friendly environment. In particular, the psychiatric-psychological report indicated acute and chronic stress disorders in the children. The endangerment could not be eliminated by milder measures, which is why the definitive revocation of the right to determine residency was justified and proportionate. (5) The complaint was unfounded and was dismissed. The court costs were imposed on the appellant.
Summary of Disposition
The complaint was dismissed, and the court costs were imposed on the appellant.
7B_1224/2024: Non-appealability of an Interim Decision in a De-sealing Procedure
Summary of Facts
The Public Prosecutor's Office of the Canton of Schwyz is conducting a criminal investigation against A.________ on suspicion of fraud related to dating portals. Following a house search, A.________ requested the sealing of part of the seized items. The coercive measures court of the Canton of Schwyz ordered the de-sealing, whereupon A.________ filed a complaint in criminal matters.
Summary of Considerations
1. (1.1-1.2) The Federal Court examines the admissibility of the complaint against the cantonal final decision regarding the de-sealing and finds that the contested interim decision does not cause an irreparable legal disadvantage. 1. (1.3-1.4) Vague references to alleged confidentiality rights are insufficient to demonstrate a legally relevant disadvantage. Moreover, the alleged interests of the appellant do not outweigh the interests of criminal prosecution. 1. (1.5) The appellant's argument regarding a lack of suspicion and unlawful coercive measures is rejected, as these objections can, according to established case law, only be raised later in the proceedings through a complaint against a possible seizure order, not in the de-sealing procedure. 1. (1.6) Further complaints from the appellant, claiming to represent the interests of third parties, are also rejected due to lack of personal relevance.
Summary of Disposition
The complaint is not considered, and court costs are imposed.
2C_183/2025: Dispute over Party Status in International Tax Assistance Proceedings
Summary of Facts
A.________ AG, along with B.________ and C.________, filed a complaint with the Federal Court against a judgment of the Federal Administrative Court, which had denied their party status in the context of international tax assistance proceedings. The aim of the assistance proceedings was to pass on tax-relevant information to Belgian authorities. The complainants also requested that the names in the tax rulings regarding employees of A.________ AG and the company itself be redacted.
Complete summary of the judgment can be found in the portal.
8C_529/2024: Judgment on Court Costs in Invalidity Insurance
Summary of Facts
The appellant A.________ registered with the disability insurance (IV) in 2019. After obtaining expert opinions and conducting early intervention measures, the IV office of Solothurn denied the claim for benefits in its decision of July 2022. However, the cantonal insurance court partially awarded him a disability pension and imposed the costs of the court expertise amounting to CHF 14,200 on the IV office. The IV office filed a complaint against this and requested a reassessment or reduction of the imposed costs.
Complete summary of the judgment can be found in the portal.
7B_938/2024: Decision on Profiling through DNA
Summary of Facts
The Federal Court deals with the order of a DNA profile from A.________. The appellant is accused of having committed multiple serious sexual offenses against B.________, a child who was under ten years old at the time, between June and December 2012 or 2013. These events are said to have occurred over several months. The criminal court of the Canton of Vaud confirmed the order of a DNA profile by the cantonal public prosecutor's office. A.________ filed a complaint against this, which is now being heard by the Federal Court.
Complete summary of the judgment can be found in the portal.
5A_245/2025: Non-admissibility of a Complaint against a Risk Notification
Summary of Facts
The complainant approached the Federal Court after the Appenzell Outer Rhodes Cantonal Court did not consider her complaint regarding a risk notification from the KESB. She argued that the risk notification was incorrect and complained about her treatment by the authority. The Cantonal Court justified its decision by the absence of a suitable object of appeal.
Complete summary of the judgment can be found in the portal.
9C_429/2024: Dispute over Disability Pension due to Allegedly Deteriorated Health Condition
Summary of Facts
The complainant (A.________), born in 1975, first registered in 2007 and again in 2020 with the IV office of the Canton of Aargau for a disability pension. Both applications were denied, most recently based on the expert opinion of the Neuro Institute St. Gallen GmbH (IME). The insurance court of the Canton of Aargau dismissed the complaint against the decision of the IV office from November 8, 2023. The complainant then filed a complaint in public law matters with the Federal Court.
Complete summary of the judgment can be found in the portal.
7B_40/2025: Unacceptability of a Criminal Proceeding
Summary of Facts
The appellant filed a criminal complaint on October 26, 2024, against several individuals and institutions for fraud, forgery, and coercion. The Basel-Landschaft Public Prosecutor's Office decided on November 11, 2024, not to initiate proceedings. A complaint lodged against this was dismissed by the Cantonal Court of Basel-Landschaft on December 16, 2024. With the present complaint to the Federal Court, the appellant is again trying to initiate a criminal proceeding.
Complete summary of the judgment can be found in the portal.
9C_179/2025: Unacceptability of a Complaint in a Health Insurance Matter
Summary of Facts
The complainant, A.________, filed a complaint against a judgment of the Insurance Court of the Canton of Aargau dated January 7, 2025, which dealt with health insurance law issues and debts owed by the insured to the respondent, Helsana Insurance AG. The debts were regulated based on the procedure according to Art. 64a KVG. The Federal Court examined the formal admissibility of the complaint.
Complete summary of the judgment can be found in the portal.
9C_90/2025: Questions Regarding Procedural Preconditions in Proceedings Before the Federal Court
Summary of Facts
The appellant A.________, represented by his lawyer, filed on February 4, 2025, an unsigned appeal in Croatian against a decision of the Federal Administrative Court dated January 7, 2025. The Federal Court pointed out that the legal remedy requires a personal signature (Art. 42 para. 5 BGG) and set a deadline for correction until March 6, 2025. Despite multiple submissions of documents, no personal signature was provided.
Complete summary of the judgment can be found in the portal.
9C_500/2024: Judgment on the Imposition of Tax Fines for Non-Submission of Tax Returns
Summary of Facts
The Federal Court dealt with the complaint of a taxpayer who received multiple fines for the late submission of his tax returns for the tax years 2017–2020. The appellant particularly criticized procedural defects, an impermissible double punishment, and a violation of his rights due to a disability. The Federal Court examined the legal and factual allegations and dismissed the complaint.
Complete summary of the judgment can be found in the portal.
5A_273/2025: Decision on Suspensive Effect in the Event of Bankruptcy Opening
Summary of Facts
The Cantonal Court of Zug opened bankruptcy proceedings against A.________ AG on February 25, 2025, upon request from B.________ AG in liquidation. A.________ AG then filed a complaint with the Zug Cantonal Court on March 7, 2025, requesting suspensive effect. This was denied by a presidential order on March 12, 2025, instructing the bankruptcy office to take only precautionary measures. Against this, A.________ AG filed a complaint in civil matters to the Federal Court on April 11, 2025.
Complete summary of the judgment can be found in the portal.
5A_783/2024: Decision on the Provisional Revocation of the Right to Determine Residency in Child Protection Proceedings
Summary of Facts
The Federal Court dealt with the complaint of A.________, who opposed the provisional revocation of the right to determine residency over his daughter C.________ by the Child and Adult Protection Authority (KESB) Oberaargau and against the decision of the Bern Cantonal Court. The KESB had taken this measure after classifying the parents as incapable of raising children and placing the child in an institution. The Cantonal Court dismissed the complaint against the decisions of the KESB, as far as it could be considered.
Complete summary of the judgment can be found in the portal.
5A_247/2025: Judgment on the Extension of a Custodial Placement
Summary of Facts
The complainant, who suffers from paranoid schizophrenia, was placed in a residential facility based on a custodial placement. The KESB Basel-Stadt reviewed and confirmed the measure based on reports from the guardian, the residential facility, and a psychiatrist after hearing the complainant. The lower court dismissed the complainant's appeal against this decision. A.________ requested the Federal Court to annul the placement and to release her, or alternatively, to provide an outpatient solution with directives.
Complete summary of the judgment can be found in the portal.
8C_587/2024: Decision on Insurance Coverage in Case of Accident Abroad
Summary of Facts
The plaintiff A.________, employed by his father's company, sustained a serious injury during a supercross training session in the USA on June 16, 2020. The Swiss Accident Insurance (CNA) denied liability for payment on the grounds that no insurance under the UVG existed at the time of the accident. The plaintiff and his health insurance, sana24 AG, filed legal remedies against this.
Complete summary of the judgment can be found in the portal.
5A_219/2025: Decision Regarding Child Support and Free Legal Aid
Summary of Facts
The appellant, father of a child, was ordered by the District Court to pay monthly maintenance contributions. After an unsuccessful appeal before the Cantonal Court of Zurich, he filed a civil complaint with the Federal Court, requesting the annulment of the cantonal court's decision and the referral of the matter. He also requested free legal aid.
Complete summary of the judgment can be found in the portal.
5A_51/2025: Decision on Right of Access and Free Legal Aid
Summary of Facts
The parties A.________ (mother) and B.________ (father) are the parents of a child, C.________, born in 2017. Several proceedings and agreements regarding parental custody and visitation rights have been made since 2018. In 2024, the mother requested the temporary suspension of the father's visitation rights due to suspicion of abuse. The cantonal authorities ordered supervised contacts, which the mother requested to suspend and demanded free legal aid. These requests were denied, prompting the mother to file a complaint with the Federal Court.
Complete summary of the judgment can be found in the portal.
7B_563/2024: Termination of Criminal Proceedings for Coercion and Attempted Simple Bodily Harm: Complaint Against Cantonal Decision
Summary of Facts
In a dispute between A.________ and his former partner C.________, A.________ reported incidents of threats, coercion, and attempted simple bodily harm by B.________, C.________'s ex-husband, as well as false testimony in the proceedings against himself. The public prosecutor's office discontinued the proceedings, after which A.________ filed a complaint with the Cantonal Court of Lucerne. The court largely dismissed his complaint and continued only the proceedings regarding false testimony.
Complete summary of the judgment can be found in the portal.
1C_478/2024: Decision Regarding Building Permit for a Mobile Phone Facility
Summary of Facts
Swisscom (Suisse) SA applied in 2019 for a building permit for a mobile phone facility with nine antennas on a building in Geneva. Due to a cantonal moratorium, the application was initially denied but was later re-examined and ultimately approved. Several neighbors of the planned facility, including A.________ and B.________, filed legal remedies against the permit, which were rejected by both the Tribunal administratif de première instance (TAPI) and the Chambre administrative de la Cour de justice. The Federal Court ultimately clarified the matter in the context of a further legal remedy.
Complete summary of the judgment can be found in the portal.
7B_47/2025: Non-initiation of a Criminal Proceeding for Violation of the Unfair Competition Act
Summary of Facts
The appellant requested the initiation of a criminal proceeding against C.________ AG for an alleged violation of the Federal Act against Unfair Competition (UWG), as it had charged value-added tax and customs duties that he considered unjustified. After the Basel-Stadt Public Prosecutor's Office did not take up the case, the Cantonal Court of Basel-Stadt dismissed a complaint against this. The appellant then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the portal.
7B_1132/2024: Consolidation of Proceedings and Review of Complaints Against Prison Decisions and Cost Orders
Summary of Facts
A.________ was legally convicted of a qualified violation of the Narcotics Act, and a prison sentence and expulsion were ordered. He requested to serve his sentence under electronic monitoring or in semi-detention, which was rejected by the Administrative Court. Additionally, attorney B.________ was imposed a cost order and fine for delaying behavior in the proceedings. Both filed complaints with the Federal Court.
Complete summary of the judgment can be found in the portal.
8C_398/2024: Judgment Regarding Disability Pension and Occupational Measures
Summary of Facts
A.________ registered with the disability insurance in August 2021 due to health problems (fibromyalgia, depressive episode, pulmonary embolism, Crohn's disease) for benefit entitlement. The IV office of the Canton of Zurich denied the claim for a disability pension after medical assessments and evaluations by its Regional Medical Service (RAD). A.________ filed a complaint against this decision dated November 1, 2023, which was dismissed by the Social Insurance Court of the Canton of Zurich on May 15, 2024.
Complete summary of the judgment can be found in the portal.
5A_93/2025: Decision on the Admissibility of a Conflict in Legal Representation in a Civil Matter
Summary of Facts
A.________ and B.________, parents of the child C.________, are involved in a dispute regarding the father's personal relationship with the child before the competent Child and Adult Protection Authority (KESB) of Littoral and Val-de-Travers. A.________ requested the removal of B.________'s lawyer due to an alleged conflict of interest. His request was declared inadmissible by both the KESB and the cantonal appellate authority. A.________ then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the portal.