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 dispositive parts. 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.
7B_256/2025: Decision on the Extension of Pre-Trial Detention
Summary of the Facts
A.________ is accused of professional fraud, forgery of documents, and unlawful receipt of benefits and funding. She is alleged to have caused losses in the millions through false statements and forged documents and is suspected of having created fictitious identities to carry out her actions. The pre-trial detention has been extended multiple times and was last confirmed by the Cantonal Court of Solothurn.
Summary of the Considerations
1. The contested decision concerns the extension of pre-trial detention. The requirements for an appeal in criminal matters pursuant to Art. 78 et seq. BGG are met. (Consideration 1) 2. The appeal was sufficiently formulated. However, mere appellate criticism is not enough to demonstrate legal errors. (Consideration 2) 3. - **3.1**: The urgent suspicion of the act persists according to Art. 221 para. 1 StPO and has further solidified during the proceedings, according to the lower court. - **3.2**: The lower court justifies this suspicion with concrete evidence, incriminating statements, and further investigations. - **3.3**: The appellant's critical arguments are not convincing and do not refute the justified findings. (Consideration 3) 4. - **4.1**: There is a risk of flight according to Art. 221 para. 1 lit. a StPO, particularly due to the impending prison sentence and the appellant's ability to create fictitious identities. - **4.2**: The lower court deemed a flight abroad or going underground in the country to be likely. - **4.3**: The appellant's objections regarding her family ties and health situation were assessed as not decisive enough. (Consideration 4) 5. - **5.1**: Detention must be proportionate and applied as "ultima ratio". Alternative measures must be examined. - **5.2**: None of the alternative measures proposed by the appellant were suitable to mitigate the high flight risk. (Consideration 5) 6. - **6.1**: The requirement for expeditiousness was met. The complexity of the case justifies the current duration of pre-trial detention. - **6.2**: No inactivity of the criminal authorities could be proven. Several interrogations were conducted in a timely manner. (Consideration 6) 7. The appeal is unfounded both with regard to the extension of detention and the allegedly violated procedural conduct. (Consideration 7)
Summary of the Dispositive Part
The appeal is dismissed, and legal aid is granted.
6B_965/2024: Non-Acceptance of Appeal Against Cantonal Final Judgment Due to Lack of Standing
Summary of the Facts
The municipality of X.________ imposed a fine of CHF 4,000 on A.________ for violating the municipal traffic regulations. The Cantonal Court of Valais overturned the decision, as the municipality had no authority to issue an infringement regulation that corresponds to the purposes of federal law. The municipality appealed this ruling to the Federal Court.
Summary of the Considerations
- (3) The Federal Court accepts the appeal as an appeal in criminal matters. - (4) In this case, it concerns municipal infringement criminal law. The municipality of X.________ cannot invoke its constitutional autonomy in this context to justify its standing for the appeal. - (5) According to Art. 81 para. 1 lit. b no. 3 BGG, only the Public Prosecutor's Office of the canton of Valais is entitled to appeal in criminal matters, not the municipality of X.________. The municipality has not demonstrated a legally protected interest according to Art. 81 para. 1 lit. b BGG. - (6) The subsidiary constitutional appeal is not permissible, as the appeal in criminal matters takes precedence in cases of potential constitutional violations (§113 et seq. BGG).
Summary of the Dispositive Part
The Federal Court did not entertain the appeal and no court costs were imposed.
7B_754/2023: Judgment Regarding the Unsealing of Seized Data Carriers
Summary of the Facts
The Public Prosecutor's Office of the canton of St. Gallen is conducting criminal proceedings against A.________ for defamation, violation of a business secret, and false accusation. In this context, electronic data carriers, including an iPhone, were seized during a house search and sealed by A.________. The Cantonal Court for Coercive Measures in St. Gallen approved the unsealing after conducting a triage, releasing 237 relevant files for inspection. A.________ appealed this decision to the Federal Court.
Summary of the Considerations
1. The decision concerns the unsealing under Art. 246 et seq. StPO. The sealing procedure serves to protect secrets. The appeal was examined based on the law applicable until the end of 2023. (E. 1.1-1.2)
2. An appeal against an interim decision is permissible if an irremediable disadvantage is imminent (Art. 93 para. 1 lit. a BGG). Personal data and business secrets were asserted as protected interests. However, A.________ is not authorized to represent the business secrets of third parties, and his argumentation regarding private secrets was insufficient to justify the protection of secrets against the interest of criminal prosecution. The coercive measures court acted proportionately by limiting the search to relevant files. No irremediable disadvantage was imminent. (E. 2.1-2.4)
3. Thus, the prerequisites for the acceptance of the appeal are not met. The appellant bears the procedural costs. (E. 3)
Summary of the Dispositive Part
The appeal is not upheld and the procedural costs are imposed on the appellant.
8C_312/2024: Judgment Regarding Disability Pension (Degree of Disability and Usability of Remaining Work Capacity)
Summary of the Facts
The appellant A.________ applied to the IV Office of the canton of Zurich for the granting of a disability pension, as he has not been gainfully employed for years and suffers from health impairments, particularly polyneuropathy and allergies. The IV Office recognized him from September 1, 2020, for a degree of disability of 57%. The Social Insurance Court of the canton of Zurich increased the degree of disability to 63.8% and granted him a three-quarter pension, which he challenged before the Federal Court, requesting a full disability pension.
The complete summary of the judgment can be found in the Portal.
7B_1126/2024: Decision Regarding the Lifting of Seals in Connection with a Criminal Investigation
Summary of the Facts
The Federal Court is dealing with a request from A.________ (the accused) for the maintenance of seals on a Samsung A15 mobile phone seized by the French authorities. The mobile phone was confiscated in the context of a criminal proceeding against A.________ for robbery and threats. A.________ argues that the phone may contain data protected by attorney-client privilege.
The complete summary of the judgment can be found in the Portal.
1C_439/2024: Judgment Regarding the Challenge of a Non-Acceptance Decision in Connection with a Cost Advance in Traffic Law
Summary of the Facts
The appellant A.________ unsuccessfully attempted to obtain driver’s licenses for categories A (motorcycles with power restrictions) and B (passenger cars). After negative examination results, the Road Traffic Office of the canton of Lucerne refused to issue the driver’s licenses. A.________ unsuccessfully appealed the decision to the Cantonal Court of Lucerne. This court required a cost advance of CHF 1,500, which was submitted late. It then did not enter into the appeal. A.________ challenged this decision and filed a subsidiary constitutional complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_866/2024: Federal Court Judgment Regarding Traffic Regulation Violation and Hindering Measures to Establish Driving Ability
Summary of the Facts
The appellant was convicted in various instances for violating traffic regulations, hindering measures to establish driving ability, and misconduct in an accident. This judgment of the Federal Court addresses his appeal against the judgment of the Cantonal Court of Basel-Stadt from August 22, 2024, which imposed a conditionally enforceable fine of 14 daily rates and a penalty of CHF 800.
The complete summary of the judgment can be found in the Portal.
4A_593/2024: Judgment Regarding Breach of Duty in Health Insurance
Summary of the Facts
The appellant was insured against incapacity to work due to illness with B.________ AG under a collective contract. Without the insurance's consent, she went abroad for medical treatment from January 14 to March 11, 2022. The insurance refused to pay daily benefits for this period, citing the General Insurance Conditions (AVB). The lower court dismissed the appellant's lawsuit.
The complete summary of the judgment can be found in the Portal.
4D_13/2025: Decision on the Recusal Request and the Appeal Against a Decision of the Cantonal Court of Uri
Summary of the Facts
The appellants A.A.________ and B.A.________ submitted a recusal request against the president of the Cantonal Court of Uri. This was dismissed by the Cantonal Court on November 26, 2024. Subsequently, the appellants filed an appeal in civil matters with the Federal Court. During the federal court proceedings, another recusal request was submitted against members of the I. Civil Law Division of the Federal Court. Additionally, the timeliness and justification of the submitted appeal were disputed.
The complete summary of the judgment can be found in the Portal.
6B_38/2025: Inadmissibility of an Appeal
Summary of the Facts
The appellant was fined CHF 450 (substitute imprisonment of 5 days) by the single judge of the District Court of March for multiple violations of the cantonal dog law. His appeal against this judgment was not heard by the Cantonal Court of Schwyz with costs imposed. The appellant lodged an appeal with the Federal Court, which accepted the appeal according to Art. 78 et seq. BGG.
The complete summary of the judgment can be found in the Portal.
1C_544/2024: Dispute Over Termination of Employment and Compensation for Illness During the Probationary Period
Summary of the Facts
A.________ was employed by the city of Geneva as an administrative employee starting August 2022, initially for a probationary period of two years. After a negative evaluation meeting and subsequent prolonged inability to work due to illness, the employment was terminated at the end of May 2023 during the probationary period. The city of Geneva refused to pay A.________ compensation for illness after the termination of employment, based on a clause in the appointment notice. Following partial success before the cantonal administrative judiciary, the city of Geneva appealed this decision to the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_102/2025: Decision on House Peace Violation and Standing of the Private Prosecutors
Summary of the Facts
The appellant was accused of having unlawfully entered his farm on January 16, 2019, and conducted an inspection by animal welfare officers from the Office for Consumer Protection and Veterinary Affairs of the canton of St. Gallen. The accused were acquitted of the charge of house peace violation by the lower courts. The appellant filed a criminal complaint, requesting their conviction or the referral of the case back to the lower court.
The complete summary of the judgment can be found in the Portal.
4A_587/2024: Assessment Regarding Voluntary Payment of a Non-Debt and Evaluation of Evidence
Summary of the Facts
The plaintiff (B.________) paid the defendant (A.________ GmbH) several amounts for renovation work on his single-family homes, including a final invoice of CHF 75,244.60. The amounts of the previously made advance payments were not deducted from the final invoice, which the plaintiff only noticed later. He then claimed CHF 40,000 for unjust enrichment. The defendant disputed the plaintiff’s account and argued that the advance payments, along with a discount, had been deducted. The Commercial Court of the canton of Zurich ruled in favor of the plaintiff and ordered the defendant to repay.
The complete summary of the judgment can be found in the Portal.
7B_1434/2024: Non-Acceptance of Appeal Due to Unpaid Cost Advance
Summary of the Facts
The A.________ AG filed a criminal appeal against the decision of the president of the indictment chamber of the canton of St. Gallen from November 14, 2024, regarding procedural actions of the Public Prosecutor's Office (party notification). The Federal Court set a deadline for the appellant to pay the cost advance, which was not met, even after granting an extension.
The complete summary of the judgment can be found in the Portal.
8C_461/2024: Dispute Over Insured Earnings in Accident Insurance
Summary of the Facts
The appellant, A.________, suffered complete tetraplegia due to a skiing accident in 2022. He requested an adjustment of the insured earnings of his accident insurance for a hypothetical income of CHF 22,425.60 from a position with C.________ Sàrl, where he claimed to have been employed as a co-owner. AXA Assurances SA rejected this. The cantonal instance confirmed the insurance company's decision.
The complete summary of the judgment can be found in the Portal.
4A_79/2025: Decision on the Fiction of Service and Non-Payment of Procedural Costs
Summary of the Facts
In this case, the appellants A.________ and B.________ filed an appeal with the Federal Court against a judgment of the Civil Chamber of the Geneva Court of Appeal from January 13, 2025. The Federal Court requested that the appellants pay a procedural cost advance of CHF 1,000. Despite granting an additional deadline, considering the regulations on electronic service according to the LTF and the corresponding guidelines (RCETF), the payment was not made.
The complete summary of the judgment can be found in the Portal.
4A_69/2025: Decision Regarding Termination and Claims Arising from a Lease
Summary of the Facts
The landlord B.________ terminated the lease agreement for commercial premises and parking spaces with the tenant A.________ SA due to outstanding payments for ancillary costs. A.________ SA did not contest the ancillary cost statement within the contractually stipulated period. After multiple requests from B.________, partial payments were made, and an unsuccessful attempt was made to agree on an installment payment. Subsequently, B.________ requested judicial eviction.
The complete summary of the judgment can be found in the Portal.
6B_815/2024: Judgment Regarding the Legal Remedy in a Criminal Matter
Summary of the Facts
A.A.________ was found guilty in the first instance by the District Court of Lausanne on September 26, 2023, of qualified bodily harm and violation of care and upbringing duties towards his three children. The actions attributed to him took place between December 2020 and summer 2021 and included verbal and physical abuse. The sentence included a fine of 45 daily rates (30 CHF per day) with a two-year suspension and a fine of CHF 600. The appeal by A.A.________ was dismissed by the Cantonal Court of Vaud on May 27, 2024, confirming the findings of guilt and the sentence.
The complete summary of the judgment can be found in the Portal.
6B_70/2025: Non-Acceptance of Appeal Against Rejection of a Revision Request Related to SIS Listing
Summary of the Facts
The appellant, A.________, was convicted in two criminal proceedings for various offenses and sentenced to prison terms as well as expulsion and listing in the Schengen Information System (SIS). In a submission on November 13, 2024, he requested the deletion of the SIS listing, to which the Cantonal Court of Solothurn did not enter and rejected the revision request. He appealed against this decision to the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_969/2024: Judgment Regarding Non-Acceptance of an Appeal Concerning the Municipal Traffic Regulation
Summary of the Facts
The municipality of X.________ imposed a fine of CHF 5,000 against the respondent for driving a motor vehicle within the municipality on two occasions without the municipality's permission. The Cantonal Court of Valais overturned the fine order and referred the case back to the police court for adjudication, reasoning that traffic regulation must be based on federal law. The municipality of X.________ filed a criminal appeal as well as a subsidiary constitutional appeal with the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_221/2025: Judgment Regarding the Expulsion of a Criminal Offender
Summary of the Facts
The appellant, A.________, a Spanish national, was convicted by the court for serious offenses, including preparatory acts for murder and qualified threats, and sentenced to four years in prison. Additionally, his expulsion from Switzerland was ordered for eight years. A.________ appealed this judgment, particularly against the expulsion.
The complete summary of the judgment can be found in the Portal.
6B_200/2025: Inadmissibility of the Appeal Due to Lack of Justification
Summary of the Facts
A.________ was found guilty by the Cantonal Court of Lucerne of negligent disturbance of police services according to the cantonal infringement penal code and was fined CHF 150. In the appeal proceedings before the Federal Court, A.________ contested the legal basis and referred to serious infringements of constitutional rights, the ECHR, and other far-fetched allegations.
The complete summary of the judgment can be found in the Portal.
8C_183/2024: Decision on the Question of Disability and Benefit Claims Following a New Registration with the Disability Insurance
Summary of the Facts
A.________ initially registered with the disability insurance in 2013 due to health complaints, after which the claim for benefits was rejected. Following an accident in 2020 and further health issues, he renewed his application in 2022 with the disability insurance. The IV Office of the canton of Zurich also rejected this renewed application. After an appeal to the Social Insurance Court of the canton of Zurich and another appeal to the Federal Court, A.________ contested the rejection and demanded the granting of benefits.
The complete summary of the judgment can be found in the Portal.
7B_44/2025: Decision on an Appeal Regarding the Non-Handling of a Criminal Case
Summary of the Facts
A.________ filed two criminal complaints against the Realta correctional facility, which were not acted upon by the Public Prosecutor's Office of the canton of Graubünden. The second complaint was explicitly directed against the director of the correctional facility and was substantively identical to the first. The appeal against the rejection was dismissed by the Cantonal Court of Graubünden to the extent that it was entertained. The Federal Court is reviewing the subsequent appeal filed by A.________.
The complete summary of the judgment can be found in the Portal.
9C_570/2023: Decision Regarding Benefits from Disability Insurance and Medical Expertise
Summary of the Facts
A.________ (born 1982) reapplied for disability insurance benefits on September 26, 2018, due to a deterioration in his health status since 2009. Following a multidisciplinary expert opinion, the disability insurance (decision dated November 17, 2021) refused to cover professional measures or grant a disability pension but provided support for job searching. The cantonal court rejected A.________'s appeal against this decision (judgment dated July 13, 2023). A.________ lodged an appeal with the Federal Court, requesting in particular the conduct of a new multidisciplinary expert opinion or the granting of a disability pension from March 1, 2019.
The complete summary of the judgment can be found in the Portal.
7B_158/2025: Decision Regarding Non-Handling and Non-Acceptance of an Appeal
Summary of the Facts
The appellant contested a decision of the Appeals Chamber in Criminal Matters of the Cantonal Court of Bern dated February 13, 2025, regarding the non-handling of a criminal procedure. The Federal Court reviewed the submitted appeal and decided on the admissibility of the legal remedy.
The complete summary of the judgment can be found in the Portal.
1C_196/2025: Decision of the Federal Court Regarding Extradition to Germany
Summary of the Facts
The Federal Office of Justice (BJ) approved the subsequent extradition of a German national to Germany based on offenses not included in the original extradition request. The appellant contested, among other things, a violation of the principle of specialty by the German authorities. After the Federal Criminal Court dismissed the appeal, the appellant turned to the Federal Court.
The complete summary of the judgment can be found in the Portal.
7F_4/2025: Judgment Regarding Revision Request Against Decision
Summary of the Facts
The applicant, A.________, requested the revision of a non-acceptance decision of the Federal Court (Judgment 7B_1235/2024) as well as a complaint against a federal judge. The original judgment did not accept the complaint as it was inadequately justified.
The complete summary of the judgment can be found in the Portal.
8C_199/2025: Interim Decision on the Appeal Against the Federal Administrative Court Decision Regarding Legal Aid
Summary of the Facts
The appellant filed an appeal against an interim decision of the Federal Administrative Court, which had rejected his application for legal aid and required a cost advance of CHF 800. The Federal Court reviewed the timely and sufficient justification of the appeal.
The complete summary of the judgment can be found in the Portal.
7B_1146/2024: Decision on the Unsealing of a Mobile Phone in the Context of a Criminal Investigation
Summary of the Facts
The Public Prosecutor's Office of St. Gallen is conducting a criminal investigation against A.________ for attempted intentional homicide and other offenses. Following the seizure of his mobile phone, A.________ requested its sealing. The Cantonal Court for Coercive Measures decided to order the unsealing of the mobile phone. A.________ appealed this decision to the Federal Court and requested the annulment of the decision as well as the rejection of the unsealing request.
The complete summary of the judgment can be found in the Portal.
7B_332/2025: Decision on the Release Request of A.________
Summary of the Facts
A.________ was sentenced by the Criminal Court of the Canton of Basel-Stadt to a stationary psychiatric measure for attempted intentional homicide without guilt. The Appellate Court of Basel-Stadt dismissed his appeal as well as a request for release on December 4, 2024. A.________ then filed an appeal with the Federal Court on April 10, 2025, requesting release.
The complete summary of the judgment can be found in the Portal.
8C_640/2024: Proceedings Regarding the Rejection of Benefits in Accident Insurance
Summary of the Facts
A.________, a truck driver, was involved in a traffic accident on August 17, 2021, which resulted in injuries to his right shoulder and work incapacity. The Swiss Accident Insurance Institution (CNA) initially covered the medical costs and daily allowances. After stabilizing his health condition, CNA refused to grant the insured a disability pension and an integrity compensation on May 12, 2023. The cantonal court dismissed the appeal against this decision on September 26, 2024.
The complete summary of the judgment can be found in the Portal.