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 portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
5A_185/2025: Inadmissibility in a case of enforcement of debt collection
Summary of the Facts
The appellant objected to the enforcement of the debt collection and the calculation of the minimum subsistence level by the Debt Collection Office of the Solothurn region. He also filed a motion for disqualification against three judges and requested free legal assistance in the cantonal proceedings. The supervisory authority did not consider the motion for disqualification and dismissed the other complaints. The appellant filed a complaint with the Federal Court and again requested free legal assistance.
Summary of the Considerations
1. (1) The Federal Court examined the cantonal judgment that had dismissed the complaints and the request for free legal assistance. It dealt with the submissions of the appellant as well as his numerous other letters. 2. (2) The Federal Court found that the disqualification requests against the federal judges were unfounded. Due to a lack of concrete articulation of disqualification reasons against federal judge Bovey, it did not consider it. The accusations against further judges were dismissed as irrelevant since they were not part of the present proceedings. 3. (3) The appellant did not present sufficient grounds for his complaint according to Art. 42 para. 2 BGG. The court noted that the complaint did not contain a substantial engagement with the considerations of the lower court and merely presented its own factual assertions and accusations. 4. (4) The Federal Court did not consider the complaint as it obviously lacked justification in the sense of Art. 108 para. 1 lit. b BGG. 5. (5) Due to the obvious groundlessness of the complaint, the court waived court costs according to Art. 66 para. 1 BGG and noted that the request for free legal assistance became irrelevant.
Summary of the Dispositive
The motion for disqualification is not examined and the complaint is not addressed.
9C_25/2025: Decision on the procedure regarding AHV contributions
Summary of the Facts
The Caisse cantonale vaudoise de compensation AVS ordered on February 19, 2024, personal AHV contributions amounting to CHF 25,419.80 for the year 2020 against a non-working person, A.________. The Cantonal Court of Vaud declared the appeal filed by A.________ against this invalid due to the lack of a contestable decision. A.________ requested the Federal Court to declare the order invalid and to remand the case to the Cantonal Court.
Summary of the Considerations
1. (Art. 95, 96, 105, and 106 BGG) The Federal Court examines legal violations and legal applications ex officio. It primarily follows the established facts of the lower court, except in cases of obvious errors or legal violations (Art. 105 para. 2 BGG). 2. (Subject of Dispute) The dispute lies in the refusal of the cantonal authority to consider the appeal of A.________. 3. (Art. 56 and 52 ATSG) The cantonal authority correctly argued that the order of the Caisse de compensation of February 19, 2024, requires a contestable decision to be challenged before the judicial authority. The appeal was therefore premature. 4. (Legal Opinion of the Appellant) A.________ attempted to argue that the order of February 19, 2024, was unlawful and exceeded competence because there was already a pending procedure in this regard. The Federal Court rejected this and stated that the objection is a mandatory procedure for examining the legality before any judicial review. 5. (Costs) According to the outcome of the proceedings, the appellant bears the court costs, and the opposing party has no claim for compensation.
Summary of the Dispositive
The appeal was dismissed and the appellant must bear the court costs.
7B_584/2023: Decision on the non-admittance order of the Geneva Public Prosecutor
Summary of the Facts
The appellant, A.________, originally filed a criminal complaint for domestic violence against her then-husband, which she later withdrew and instead filed a criminal complaint for threats and bodily harm against her former partner, C.________, for incidents between 2017 and 2021. The Geneva Public Prosecutor's Office refused to initiate proceedings on these allegations. After the cantonal court confirmed this order, the appellant filed a complaint with the Federal Court.
Summary of the Considerations
1. **Competence of the Federal Court:** The Federal Court is competent since there is a final decision of a cantonal authority (Art. 90 and 100 LTF). The appellant has legitimate standing to appeal as the incidents could potentially give rise to claims for damages or compensation for pain and suffering (Art. 81 para. 1 LTF). 2. **Requirements for Justification:** The allegation that the right to be heard was violated, as the cantonal judges relied on a legal basis not raised by the Public Prosecutor's Office, is unfounded since this was foreseeable. 3. **Examination of the Main Allegation:** The complaint does not meet the requirements of a substantiated justification according to Art. 42 and 106 LTF. The appellant fails to demonstrate how the decisions of the lower court are legally erroneous.
Summary of the Dispositive
The complaint was dismissed, free legal assistance was denied, and court costs were imposed.
8C_527/2024: Remand for further factual clarification regarding helplessness compensation
Summary of the Facts
The respondent, who receives benefits from the disability insurance due to a birth defect, lives in a collectively organized living arrangement. After an on-site investigation, the IV office revoked the helplessness compensation for moderate helplessness, arguing that the respondent was only in need of assistance in one area of life and lived in an institution with home status. However, the lower court decided that the living arrangement could not be classified as a home and awarded the respondent helplessness compensation for mild helplessness. The IV office appealed this decision.
You can find the complete summary of the judgment in the Portal.
9C_371/2024: Appeal against an estimate of the pre-tax correction in value-added tax
Summary of the Facts
The A.________ Sàrl, which operates in the trade of buying and selling used vehicles, was ordered by the Federal Tax Administration (ESTV) after an audit for the tax periods 2016 to 2020 to pay CHF 287,084. A significant portion of this (CHF 244,046) arose from a correction of the fictitious pre-tax. After unsuccessful objections, the administrative court confirmed the estimate, and the company filed an appeal with the Federal Court.
You can find the complete summary of the judgment in the Portal.
1C_164/2024: Judgment on the challenge of a planning zone in the Canton of Nidwalden
Summary of the Facts
In the Canton of Nidwalden, the construction department issued a cantonal planning zone over several parcels of land in the municipality of Emmetten to ensure that these areas remain available for a federal law-compliant reduction of oversized building zones. A building ban was imposed on the affected property owners. The complainants initially appealed to the government council, then to the administrative court of the Canton of Nidwalden, and finally to the Federal Court against this decision.
You can find the complete summary of the judgment in the Portal.
6B_136/2024: Judgment concerning fraud, forgery, and procedural rights
Summary of the Facts
The appellant, a Greek citizen and sports manager, was convicted of fraud and forgery in connection with an arbitration proceeding before the TAS. He had submitted forged documents to gain financial advantage. The cantonal authorities rejected his appeal. The appellant filed a complaint with the Federal Court, requesting acquittal and further procedural rights.
You can find the complete summary of the judgment in the Portal.
7B_576/2024: Unsealing of electronic data carriers
Summary of the Facts
The Public Prosecutor's Office of the Canton of Zurich is conducting a criminal investigation against A.________ for the intentional killing of his separated wife. During a house search, the Public Prosecutor's Office secured several electronic data carriers, the unsealing of which they requested. The District Court of Zurich granted the unsealing request, after which A.________ filed a complaint with the Federal Court demanding the rejection of the unsealing request.
You can find the complete summary of the judgment in the Portal.
5A_221/2025: Judgment on a non-admittance decision regarding provisional measures in divorce proceedings
Summary of the Facts
In the context of divorce proceedings, the parties regulated provisional measures by agreement, including the collection of items and animals. The appellant later requested an adjustment of the court costs decision and a revocation of the agreement. The Supreme Court pointed out that the issue of defects in consent regarding the agreement could only be reviewed through revision, and the cost complaint could not be considered due to the late submission of the complaint. The Federal Court dealt with a subsidiary constitutional complaint from the appellant, which was not considered due to the lack of formal requirements and deadlines.
You can find the complete summary of the judgment in the Portal.
5A_599/2024: Complaint against the decision regarding the disqualification of experts in the context of a parenting capacity assessment
Summary of the Facts
The appellant (father) and participant B.________ (mother) are unmarried parents of a child. In the context of child protection measures, the KESB Oberaargau ordered a parenting capacity assessment, against which the father repeatedly raised disqualification reasons against the appointed experts. This request was denied both by the cantonal authorities and by the Federal Court.
You can find the complete summary of the judgment in the Portal.
1C_44/2024: Decision on the abandonment of a project for a neighborhood plan in Lausanne
Summary of the Facts
The proceedings concerned the abandonment of a project to create a neighborhood plan, which involved several properties and owners in Lausanne. The municipality abandoned the project due to the lack of agreement from the property owners and other legal and practical obstacles. The complainants sought to continue the proceedings and appealed against the lower court's ruling of the cantonal administrative court.
You can find the complete summary of the judgment in the Portal.
1C_544/2023: Decision on traffic regulation measures in Geneva – prioritization of mobility forms
Summary of the Facts
The Federal Court assesses the legality of traffic measures in Geneva, where a lane designated for motorized individual traffic was reclassified as a bike lane. These measures affect the Pont de la Coulouvrenière and adjacent streets, as well as the regulation of the eastern sidewalk of the mentioned bridge section solely for pedestrians. The measures were initially introduced temporarily after the COVID-19 pandemic and were later made permanent. The Touring Club Switzerland (Geneva section) and a resident have sued, describing the measures as disproportionate and unlawful. The lower courts were divided; ultimately, the Federal Court did not grant the complaints.
You can find the complete summary of the judgment in the Portal.
2C_5/2025: Judgment on administrative documentation regarding legal residence and expulsion
Summary of the Facts
A.________, a Kosovar citizen, did not receive an extension of his residence permit in 2023 and was ordered to leave Switzerland. Despite warnings and the initiation of administrative detention due to a refused return, he was detained. After a failed expulsion flight, the return flight took place on December 18, 2024. A.________ filed an appeal on December 30, 2024, against the cantonal confirmation of his detention and expulsion.
You can find the complete summary of the judgment in the Portal.
1C_222/2024: Decision on the question of forest classification of a plot of land
Summary of the Facts
The owner of a plot in Satigny (GE) challenged the classification of his area as forest by the cantonal office for agriculture and nature (OCAN). This had classified the area as forest in the context of a new zoning plan. The owner specifically argued that there were no forest characteristics and referred to an earlier contrary decision of the cantonal administrative court from 2005.
You can find the complete summary of the judgment in the Portal.
7B_384/2024: Judgment regarding the unsealing of a mobile phone
Summary of the Facts
A criminal case against A.________ for commercial and gang theft as well as commercial fraud is pending. The Public Prosecutor's Office of the Canton of Schaffhausen secured a mobile phone during a house search, the ownership of which is not clearly established. A.________ requested the sealing of the mobile phone, should it belong to him. The Cantonal Court of Schaffhausen granted the Public Prosecutor's unsealing request. A.________ filed a complaint with the Federal Court and requested various procedural options to substantiate his confidentiality interests.
You can find the complete summary of the judgment in the Portal.
5A_116/2025: Inadmissibility of the complaint due to non-payment of advance costs
Summary of the Facts
A.A.________ filed a complaint against a judgment of the Civil Appeals Court of the Cantonal Tribunal of Vaud dated December 23, 2024. The subject was a matter related to divorce. A.A.________ did not fulfill his obligation to pay the required advance costs even after several extended deadlines. In his letter dated March 21, 2025, the appellant stated that payment was not possible due to his financial situation but did not provide any evidence for it.
You can find the complete summary of the judgment in the Portal.
1C_156/2024: Judgment on the question of the caducity of a building permit
Summary of the Facts
The owners of the neighboring parcel (A.________ SA and B.________) requested that the building permit for a construction project of C.________ SA be declared null and void, as the work had allegedly not commenced within the legal deadline. However, the cantonal administrative court and the Federal Court confirmed the validity of the building permit, as the commencement of the construction project had occurred in a timely manner.
You can find the complete summary of the judgment in the Portal.
2C_542/2024: Decision on removal from a doctoral program
Summary of the Facts
The appellant, A.________, had been enrolled in the doctoral program of the University of V.________ since the fall semester of 2013. According to the university's regulations, she was to complete her dissertation by the spring semester of 2018. She received several extensions, the last until December 31, 2023. As she did not submit her dissertation in a timely manner, she was removed from the program on February 19, 2024. The appellant requested the Federal Court for an additional extension, which was denied.
You can find the complete summary of the judgment in the Portal.
2C_610/2023: Decision regarding residence and settlement permits
Summary of the Facts
This is a family law and immigration law procedure in which a mother and her five children apply for the receipt or extension of residence permits in Switzerland. The mother and some of the children have a long period of residence, whereas the family's financial situation and integration have been questioned by the cantonal authorities.
You can find the complete summary of the judgment in the Portal.
7B_129/2025: Decision regarding the restoration of deadlines and the replacement of the official defender
Summary of the Facts
In the context of a criminal investigation against A.________ for attempted coercion, the Geneva State Ministry refused on October 23, 2024, the appellant's request to replace his official defender. The criminal chamber of the Geneva judiciary rejected the appellant's subsequent appeal on November 26, 2024. Before the Federal Court, A.________ requested that his official defender be released and a different lawyer be appointed, as well as the restoration of deadlines.
You can find the complete summary of the judgment in the Portal.
1C_574/2023: Restoration of the lawful condition of a property
Summary of the Facts
The judgment concerns the restoration order of the municipality of Klosters for parcel 5244 Saas, where structural deviations from approved plans were found. The contentious issue was particularly the culverting of the Wiesenbach, which was relocated, as well as the construction of two parking spaces with retaining walls in the water area. The municipality demanded the reversal of the structural changes and a replacement payment for missing mandatory parking spaces. The building permit and the confirmation of the restoration order by the administrative court of the Canton of Graubünden were partially corrected at the lower court level.
You can find the complete summary of the judgment in the Portal.
5A_48/2025: Allegation of denial of justice in child relationships
Summary of the Facts
A.A.________, father of three children, has alleged a presumed denial of justice by the competent authority in a long-standing family law dispute, which is being conducted in both France and Switzerland. It particularly concerns the right to personal contact with his children, which has not been implemented in practice since January 2024, as well as the question of child protection measures.
You can find the complete summary of the judgment in the Portal.
5A_136/2025: Rejection of a request to change the child's representation
Summary of the Facts
The parents A.A.________ and B.________ have been in an intense conflict for years, particularly regarding the father's relationship with his three children. In the context of a guardianship established by the guardianship authority of the Canton of Vaud, the representative of the children appointed by the authority performed various tasks. The father, A.A.________, requested the immediate dismissal of the current guardian and the appointment of a new guardian, citing her alleged partiality and misconduct. This request was denied by both the first instance and the cantonal court.
You can find the complete summary of the judgment in the Portal.
2C_562/2024: Decision on the refusal of a residence permit in the context of family reunification
Summary of the Facts
The appellant, a national of U.________, has been living in Switzerland since 2018 and applied for family reunification for his eldest son, who had been living with his grandparents in U.________. The application was denied due to financial difficulties and a permanent reliance on social assistance. The father and his wife have not engaged in employment for several years and have significant debts.
You can find the complete summary of the judgment in the Portal.
4A_469/2024: Dispute regarding the assignment of claims and liability claims in bankruptcy proceedings
Summary of the Facts
The plaintiff (A.________ Sàrl) asserted in the bankruptcy proceedings of a company that claims and rights of the bankruptcy estate as well as direct claims have been validly assigned to her. The lower courts and ultimately the Federal Court denied the validity of the assignments and dismissed the action due to lack of standing and active legitimacy.
You can find the complete summary of the judgment in the Portal.
5A_127/2025: Decision on the return of a child to Sweden
Summary of the Facts
A.________, mother of the child C.________ born in 2019, refused to return to Sweden with the child after a temporary trip from Sweden to Switzerland. She justified this with health issues of the child and later with a presumed danger from the father B.________ as well as suspected previous abuse and risks for the child. The father requests the return of the child to Sweden in accordance with the Hague Convention on the Civil Aspects of International Child Abduction.
You can find the complete summary of the judgment in the Portal.