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 remaining 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.
1C_282/2024: Review of the Building Permit and Access Roads in Neuchâtel
Summary of the Facts
The builder B.________ applied for a building permit for the construction of two residential buildings with a total of 24 apartments and a garage with 27 parking spaces. The project led to numerous objections from neighboring condominium owners (A.________ and others). The objections were rejected by the Municipal Council of the City of Neuchâtel and subsequently by the State Council of the Canton of Neuchâtel. The complainants particularly criticized the insufficient width of the access roads and a lack of safety guarantees.
Summary of the Considerations
(1) The Federal Court examines the admissibility of the legal remedy. The complaint is admissible since it concerns a final cantonal decision in the area of public building law. The plaintiffs have the standing to complain based on their position as neighbors. (2) The complainants claim a violation of their right to be heard and a faulty determination of facts. They argue that the access road is too narrow and that further investigations would have been necessary. The Federal Court points out that the previous investigation was sufficient and that the access road meets the requirements of spatial planning legislation (Art. 22 para. 2 and Art. 19 LAT). (3) The complainants particularly criticize the methodological approaches of the traffic analysis by the C.________ SA office. The Federal Court argues that the analysis was detailed and reliable, and there is no specific refutation by the report of Dr. D.________. (3.3) After examining the road width, traffic dynamics, and the safety of users, the Federal Court concludes that the access meets the requirements, including the assurance of emergency services.
Summary of the Dispositive
The complaint is dismissed, and the court costs as well as a compensation are imposed.
1C_644/2023: Assessment of the Zoning Classification of Properties in the Canton of Vaud
Summary of the Facts
The owner A.________ applied for the construction of three new residential units on her properties in the municipality of Mies. During the building publication, the cantonal Directorate for Land and Housing (DGTL) raised an objection, as a cantonal reserved zone was to be established to ensure a temporary non-buildability of the properties, allowing for an adjustment of the zoning plan to legal requirements. After the reserved zone was approved by the cantonal Department DITS, A.________ appealed to the Cantonal Court, which rejected her request. With the present Federal Court decision, the cantonal decision was reviewed.
Summary of the Considerations
1. (Section 1) The subject of the complaint concerns land use planning and is admissible as a public law dispute according to Art. 82 lit. a LTF. A.________ is affected due to her position as owner and is entitled to complain. 2. (Section 2) A.________ objects to the violation of her right to be heard and the proportionality of the ordered reserved zone. The Federal Court examines the legal bases according to Art. 27 LAT as well as the cantonal law (Art. 46 LATC) and states: - (Section 2.1) The reserved zone serves to ensure an orderly zoning plan and corresponds to the public interest as well as the principle of proportionality. - (Section 2.2) Given the significant surplus of zoning areas in Mies with 1,180 inhabitants, there is a clear legal necessity for planning adjustment. The approved reserved zone is a legitimate planning instrument to fulfill legal requirements and to safeguard planning freedom. - (Section 2.3) The cantonal instance has understandably and legally correctly shown that the complaints of A.________ do not affect the legality of the planning process. 3. (Section 3) The complaint of A.________ is not upheld, as no legal defects or arbitrary application of the relevant provisions are evident.
Summary of the Dispositive
The complaint was dismissed, and the court costs were imposed.
9C_495/2024: Judgment on the Non-Consideration of a New Application for Disability Insurance
Summary of the Facts
The complainant A.________, whose entitlement to a full disability pension was revoked in 2018, reapplied for disability insurance in November 2022, citing a deterioration in his health condition. The IV office in Schaffhausen did not consider the new application. The complainant filed a complaint, which was dismissed by both the Cantonal Court of Schaffhausen and the Federal Court.
Summary of the Considerations
(1) It was examined whether the conditions for considering the new application are met. The Federal Court found that the lower court correctly applied the relevant legal bases. (2) The examination of the submitted reports and the alleged health deterioration took place. No sufficient substantiation of a significant deterioration was found, neither psychologically nor somatically. The reports and diagnoses were not sufficiently objective and well-founded to justify a new application. (3) It was established that the complainant did not reach the threshold of substantiation of a change in health, which is why no further medical clarifications are necessary.
Summary of the Dispositive
The complaint was dismissed, and the court costs were imposed on the complainant.
9C_504/2024: Decision on Intercantonal Double Taxation
Summary of the Facts
The A.________ SA based in U.________ (GR) engages in asset management and financial fiduciary services. The tax authority of the Canton of Ticino subjected A.________ SA to unlimited tax liability starting from the tax year 2019, alleging that the effective management of the company took place in the Canton of Ticino. The company contested the decision in court and requested the refund of already paid cantonal taxes to the Canton of Graubünden.
Complete summary of the judgment can be found in the Portal.
7B_117/2025: Non-admission of a Complaint
Summary of the Facts
The complainant A.________ filed a complaint against a ruling of the Cantonal Court of Zurich, which concerned the referral of an indictment. The Federal Court required her to pay a deposit of CHF 800. Despite an extension and corresponding notices, the payment was not made, which is why the Federal Court, according to Art. 62 para. 3 and Art. 108 BGG, did not admit the complaint.
Complete summary of the judgment can be found in the Portal.
6B_707/2024: Judgment on the Illegal Use of Assets
Summary of the Facts
The Federal Court deals with the complaint of the complainant A.________, who was sentenced by the Cantonal Court of Zurich according to Art. 141bis StGB for the illegal use of assets to a conditional prison sentence of 8 months. A.________ demands acquittal and criticizes the party compensation in favor of the respondent B.________ GmbH as well as the withdrawal of free legal assistance by the lower court.
Complete summary of the judgment can be found in the Portal.
4A_453/2024: Judgment on the Applicable Law of a Donation
Summary of the Facts
A.________ seeks the declaration of non-debt towards B.________ for a donation of four million euros that he promised in a handwritten document. The cantonal court dismissed the claim and determined that Belgian law applies and that the obligation is valid despite formal deficiencies.
Complete summary of the judgment can be found in the Portal.
1C_274/2024: Decision on Termination of Proceedings Due to Withdrawal of a Legal Remedy
Summary of the Facts
A.________ filed a complaint before the Federal Court against the decision of the Geneva Administrative Court (Chambre administrative der Cour de justice), which confirmed the referral decision of the Geneva Department of Territory. The dispute concerned the reconsideration of building applications from 2018 and 2019 that B.________ SA had submitted. Due to a settlement reached between the parties, A.________ withdrew the complaint.
Complete summary of the judgment can be found in the Portal.
9C_465/2024: Judgment on the Tax Treatment of Monetary Benefits and Advance Payments
Summary of the Facts
The spouses A.A.________ and B.A.________, sole shareholders of various companies, contest offsets of monetary benefits totaling CHF 771,095.- that the tax administration of the Canton of Basel-Landschaft made for the tax period 2015. Disputed points concern payments from C.________ AG to a German sister company, legal consulting costs, and personnel expenses of the M.________ association. The Federal Court examines the admissibility of the complaint and the correctness of the tax corrections. In the procedure of state tax, the cost deposit was not paid on time.
Complete summary of the judgment can be found in the Portal.
1C_164/2025: Decision on Party Status in International Legal Assistance Proceedings
Summary of the Facts
The Ukrainian authorities requested international legal assistance from Switzerland in criminal matters in connection with a corruption case against B.________. Bank documents from accounts of a dissolved company (C.________ Ltd) were to be transmitted. The complainant A.________ requested to be granted party status in the legal assistance proceedings as the beneficial owner of these accounts. The Federal Prosecutor's Office denied him party status, and the Federal Criminal Court confirmed this decision.
Complete summary of the judgment can be found in the Portal.
8C_87/2025: Decision on the Admissibility of a Late Legal Remedy in the Area of Social Assistance
Summary of the Facts
A.________ appealed against decisions to reduce his Revenu d'Insertion (RI). After a decision by CSR and a partial amendment by the DGCS, the cantonal administrative court reformed this decision and set the date of termination of benefits to September 17, 2024. A.________ filed a late complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_164/2025: Judgment on Bankruptcy Closure and Admissibility of Complaints
Summary of the Facts
The District Court of Rorschach declared the bankruptcy of the complainant closed. The complainant appealed to the Cantonal Court of St. Gallen, which dismissed the complaint. Another appeal was filed with the Federal Court. The subject of the procedure is the admissibility of the complaint as well as the jurisdiction of the bankruptcy judge and the conduct of the bankruptcy closure.
Complete summary of the judgment can be found in the Portal.
4A_139/2024: Dispute over Contract for the Mediation of the Sale of a Ferrari Daytona
Summary of the Facts
This is a dispute between a client (A.________, plaintiff) and a brokerage company (B.________ SA, defendant) over a contract relating to the mediation of the sale of a Ferrari Daytona. The dispute concerns whether commissions and costs are to be paid and whether deception is present. Both parties appealed against a judgment of the cantonal instance.
Complete summary of the judgment can be found in the Portal.
6B_1108/2023: Judgment on Expulsion from the Country and Listing in the Schengen Information System
Summary of the Facts
The Brazilian citizen A.________ was convicted in the first instance for qualified violation of the Narcotics Act. The judgment included a conditional prison sentence of twelve months, a five-year expulsion from the country, and a listing in the Schengen Information System (SIS). The Cantonal Court of Zurich confirmed the first-instance decision. The complainant requested before the Federal Court to refrain from the expulsion and the SIS listing.
Complete summary of the judgment can be found in the Portal.
6B_176/2025: Restoration of the Objection Period Against a Penal Order (Narcotics Act)
Summary of the Facts
The complainant was penalized with a fine of CHF 200 by a penal order for repeated violations of the Narcotics Act. He requested the restoration of the objection period on the grounds that he had been unable to file an objection in time due to health problems. The request and the subsequent complaint were dismissed at the cantonal level, after which the complainant turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_317/2024: Federal Court Decision on Withholding Tax, Tax Periods 2010–2015
Summary of the Facts
The A.________ AG, a holding company based in Basel-Land, was part of the Dutch B.________ group during the period 2010–2015. During an audit, the Federal Tax Administration (ESTV) found that A.________ AG had covered salary costs and travel expenses for a person who had not worked for it. On this basis, the ESTV imposed withholding taxes and late payment interest, which A.________ AG initially paid unconditionally. Later, the company requested the refund of the paid withholding tax, as it could have fulfilled its tax obligation by reporting the facts. The ESTV did not consider the request, and the Federal Administrative Court dismissed the subsequent complaint.
Complete summary of the judgment can be found in the Portal.
1C_151/2025: Decision on the Admissibility of a Legal Remedy Concerning Demolition Order
Summary of the Facts
The municipality of Château-d'Oex ordered on August 30, 2024, the removal of two vehicles and a boat from a plot in the chalet area. The decision was based on a cantonal regulation on waste management. The owner of the parked objects, A.________, filed a complaint against the decision on October 3, 2024. The Cantonal Court dismissed the complaint with a decision on February 14, 2025, after which A.________ appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
6F_3/2025: Decision on the Inadmissibility of a Revision Request in Criminal Law
Summary of the Facts
The applicant A.________ requested the revision of a Federal Court judgment from November 20, 2024 (6B_1292/2023), which convicted him for criminal offenses to a prison sentence and a fine. He alleges a possible bias of the presiding judge and demands a repositioning of the case as well as the translation of essential parts of the judgment into German. Additionally, he requested the granting of suspensive effect and free legal assistance.
Complete summary of the judgment can be found in the Portal.
4D_62/2025: Complaint Against Tenant Eviction - Judgment on the Subsidiary Constitutional Complaint
Summary of the Facts
The complainants have filed legal remedies against the termination of their tenancy by the landlord, the respondent, but without success. After the expiration of the notice period, the respondent initiated an eviction procedure. The District Court ordered the eviction of the apartment and the payment of procedural costs. The Cantonal Court dismissed the appeals of the complainants, after which they brought a subsidiary constitutional complaint to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_267/2024: Judgment on the New Application for Disability Insurance
Summary of the Facts
The judgment of the Federal Court concerns a new application for benefits from disability insurance by A.________, who suffers from various physical and psychological complaints. Disputed were his entitlement to a disability pension, measures for professional reintegration, and the coverage of certain medical costs. The lower courts had rejected the claims of the insured.
Complete summary of the judgment can be found in the Portal.
1C_581/2024: Decision on Contesting a Judge's Election in the Canton of Fribourg
Summary of the Facts
The Grand Council of the Canton of Fribourg elected a judge for the juvenile court on September 3, 2024. The complainant, who was not nominated for the election, contested this decision, claiming he was discriminated against based on his gender and sought damages as well as annulment of the election.
Complete summary of the judgment can be found in the Portal.
8C_175/2025: Inadmissibility of a Complaint Against the Refund of Social Assistance Benefits
Summary of the Facts
The Administrative Court of the Canton of Zurich confirmed with a judgment from January 30, 2025, a decision by the City of Zurich, which ordered the refund of wrongly received social assistance benefits amounting to CHF 20,617.40. This refund was to be made over twelve months through an offset of 15% of the basic living expenses. The complainant, citing health reasons, filed a complaint without detailing any violation of federal law.
Complete summary of the judgment can be found in the Portal.
4A_506/2023: Employment Law Claims
Summary of the Facts
An employee (A.________), who worked for two different companies, was dismissed in the course of an alleged transfer of business activities to a third company. He asserts claims, including for an allegedly abusive dismissal process, unpaid bonuses, and lack of compensation for vacation days.
Complete summary of the judgment can be found in the Portal.
6B_484/2024: Judgment of the Federal Court 6B_484/2024
Summary of the Facts
The complainant (A.________) was sentenced by the District Court of Eastern Vaud for jointly committed rape, property damage, defamation, violation of the Narcotics Act, and other offenses to a prison sentence of five years as well as a fine and an additional penalty. Furthermore, a ten-year expulsion from the country was pronounced. The appeal against this judgment was fully dismissed by the cantonal appellate court. The complainant subsequently filed a complaint with the Federal Court, the decision of which is the subject of the judgment.
Complete summary of the judgment can be found in the Portal.