Latest Rulings of the Federal Court
Here you will find the latest rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositions. For the subsequent rulings, you will find a summary of the facts. The complete summaries of all rulings are available in the portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.
9C_562/2024: Ruling on Party Compensation in Occupational Pension Law Proceedings
Summary of the Facts
A.________ filed a complaint against the decision of the Social Security Court of the Canton of Zurich dated September 12, 2024, which awarded him a party compensation of CHF 1,950. In this ruling, the court recognized costs for attorney and advisor but rejected the services charged by Ms. D.________. A.________ claimed a total sum of CHF 4,760.
Summary of the Considerations
(1.1) The Federal Court service for occupational pension is subject to cantonal law; party cost compensations are only reviewed for violations of federal law, especially under the prohibition of arbitrariness according to Art. 9 BV. (1.2) The Federal Court examines whether the limitation of party compensation to CHF 1,950 violates federal law. (1.3) According to cantonal law, depending on the significance of the dispute, procedural difficulty, and extent of success, but without considering the value of the dispute (§ 34 GSVGer/ZH). (2.1) The cantonal court considered additional services charged by Ms. D.________ as normal personal expenditure, which is not compensable. (2.2) The complainant did not substantiate a clear violation of the prohibition of arbitrariness by the lower court. Only direct procedural costs are reimbursable. (3) The obviously unfounded complaint is treated under simplified proceedings (Art. 109 BGG).
Summary of the Disposition
The complaint was dismissed, and the court costs were imposed on the complainant.
9C_326/2024: Decision on a Municipal Tax for Community Equipment
Summary of the Facts
A.________, owner of several properties in the municipality of Mont-sur-Lausanne, was imposed a municipal tax of CHF 71,334 for the financing of community equipment, after one of his properties was reclassified from undeveloped to building zone due to the enactment of a neighborhood plan. The municipality of Mont-sur-Lausanne confirmed the tax, and the cantonal court rejected the owner's appeal. He ultimately turned to the Federal Court.
Summary of the Considerations
(1) The Federal Court assesses the appeal as admissible. (2) The tax issue concerns cantonal and municipal law, which can only be reviewed for its compatibility with federal law, particularly regarding arbitrariness and violations of constitutional rights. (3) The main question concerns the admissibility of the tax based on cantonal law and the argument that measures for the reclassification of the property created a significant added value. (4) The relevant cantonal legal norms allow the imposition of such a tax when measures such as reclassification of properties lead to significant increases in value. The tax obligation lies with the property owner at the time of the measure. (5) The cantonal instance rightly assessed that the reclassification of a property into a building zone fulfills the tax basis and that the owner benefited from a significant increase in value, regardless of the context of the property subdivision process. (6) The appeal criticized the determination of the tax basis and the comparison of the old and new parcel situation but argued unsuccessfully against the calculation and justification of the tax. (7) The Federal Court confirms that the tax complies with the principle of equal treatment and that there is no violation of federal law or the federally established principles of spatial planning (e.g., according to Art. 5 LAT). (8) The appeal is deemed unfounded.
Summary of the Disposition
The appeal was dismissed and the court costs were imposed on the appellant.
5A_625/2024: Ruling on a Father's Personal Contact with His Child and Guardianship
Summary of the Facts
The unmarried parents of A.________, born in 2018, are separated and share parental responsibility. The Cantonal Court of Schaffhausen approved an agreement on parental responsibility, the child's residence, and the establishment of guardianship. It also gradually regulated the father's visitation rights. The mother requests to suspend visitation rights until December 2024 and applies for legal aid. The Court of Appeal partially did not accept her appeal and partially dismissed it.
Summary of the Considerations
**(1)** The Federal Court examines the admissibility of the complaint and considers it fundamentally possible concerning the arrangement of personal contact and guardianship. However, it denies the mother's representation authority for A.________ due to a conflict of interest (Art. 306 para. 3 ZGB). **(3)** Regarding the question of the suspension of visitation rights, the Federal Court finds no indications that the father's actions could endanger the child's welfare. The accompanied visitation rights are appropriate to gently build a relationship between father and son. **(7)** The mother's complaint for legal aid is dismissed as the lower court rightly assessed the mother's legal request as hopeless; it mainly repeated arguments already made, which did not promise success upon summary examination.
Summary of the Disposition
The complaint is dismissed, and the request for legal aid is denied; moreover, the court costs are imposed on the complainant.
7B_248/2025: Decision on the Request for Provisional Measures in the Context of Enforcement Measures
Summary of the Facts
A.________ was found to be insane by the Appellate Court of Basel-Stadt and subjected to a stationary therapeutic measure according to Art. 59 StGB. Despite being placed in the U.________ investigative prison, A.________ filed a request for release, claiming a transfer to a suitable facility and considering his current accommodation unlawful. The request for a super-provisional order for immediate release or judicial review was rejected by the Appellate Court.
You can find the complete summary of the ruling in the Portal.
7B_216/2022: Decision Regarding the Assessment of Fines, Procedural Costs, and Compensation
Summary of the Facts
The complainant, A.________, was initially partially convicted by the Geneva Police Court and fined for various violations of the Federal Act on Foreigners and Integration (LEI). In addition, procedural costs were partially imposed on her, and seized financial resources were to be used to cover the costs. In the appeal process, the Geneva Court of Appeals partially acquitted A.________, reduced the fine, and ordered the return of the seized funds without changing the distribution of procedural costs from the first instance. A.________ contested this decision before the Federal Court and sought a lower fine, a revised cost distribution, and additional compensation.
You can find the complete summary of the ruling in the Portal.
1C_43/2025: Ruling on the Application of Art. 30 para. 3 LAVI
Summary of the Facts
In 2021, E.________ was killed by her partner, who subsequently took his own life. The competent cantonal authorities granted E.________'s four children compensation for material damage and non-material damage (consolation payment). These compensations were contested multiple times at different instances. In the last cantonal decision from December 2024, the children were ordered to reimburse the costs for the state-appointed lawyer. The Federal Office of Justice filed a legal remedy with the Federal Court on January 24, 2025, in this matter, based on federal legislation on victim assistance (LAVI), which explicitly excludes such reimbursements.
You can find the complete summary of the ruling in the Portal.
6B_168/2024: Compensation of the Official Defender in an Appeal Procedure – Intertemporal Application of the Attorney's Rate
Summary of the Facts
A.________ was the official defender in an appeal procedure before the Cantonal Court of Aargau between 2020 and 2024. The Cantonal Court awarded him compensation based on different hourly rates for periods before and after January 1, 2024. A.________ demands a higher compensation as he wants the new hourly rate of CHF 220.--, which has been applicable since January 1, 2024, to apply to the entire procedure.
You can find the complete summary of the ruling in the Portal.
4D_20/2025: Decision on the Complaint Regarding Legal Opening and Legal Aid
Summary of the Facts
The complaint is directed against the decision of the Cantonal Court of Zurich dated January 8, 2025, whereby the complaint of the complainant against a ruling of the District Court of Winterthur was not accepted due to insufficient justification. The complainant had challenged the definitive legal opening for a claim of CHF 1,907.95 and also requested legal aid, which was likewise rejected by the Cantonal Court.
You can find the complete summary of the ruling in the Portal.
5F_9/2025: Inadmissibility of a Recusal Complaint
Summary of the Facts
The applicant A.________ requested the revision and recusal of two Federal Court rulings (5D_10/2024 and 5D_13/2024), which had previously rejected her complaints against cantonal decisions. She particularly requested the rejection of the II civil law department of the Federal Court as well as the involved judges.
You can find the complete summary of the ruling in the Portal.
9C_327/2024: Decision Regarding Municipal Tax for Financing Community Facilities
Summary of the Facts
The estate of A.________, consisting of the heirs B.________, C.________, D.________, E.________, and F.________, was obliged by the municipality of Mont-sur-Lausanne to pay a tax of CHF 71,334 for the financing of community facilities, after their properties became part of a neighborhood plan. The tax was based on the increased construction utilization potential of a property due to rezoning. The heirs turned to the cantonal court and then to the Federal Court demanding not to have to pay the tax.
You can find the complete summary of the ruling in the Portal.
8C_520/2024: Assessment of a Pension Claim in the Area of Disability Insurance
Summary of the Facts
The complainant A.________, formerly a customer documentation officer, applied for disability insurance benefits several times, which were each denied due to a lack of disability. After a referral decision by the Federal Court, a new psychiatric report was created, which determined a 50% incapacity for work. The lower court legally rejected this assessment and relied on earlier reports, prompting the complainant to file another complaint with the Federal Court.
You can find the complete summary of the ruling in the Portal.
4A_506/2024: Liability of a Board Member After Legal Proceedings of a Corporation
Summary of the Facts
This case concerns corporate liability according to Art. 754 para. 1 OR. The subject is the damage compensation claim of a shareholder (respondent) against the managing director and board of a corporation (complainant). The shareholder alleges that the complainant failed to adequately defend the D.________ AG in the commercial court proceedings against a lawsuit, which resulted in a legally relevant damage. According to the allegation of the respondent, the complainant's procedural activities were inadequate as he did not defend against the lawsuit. The Court of Appeal partially upheld the shareholder's appeal and ordered the complainant to pay damages. The complainant appealed to the Federal Court.
You can find the complete summary of the ruling in the Portal.
9C_22/2024: Federal Court Ruling on the Qualification of a Real Estate Transfer as a Gift or Sale in Relation to Property Gain Tax
Summary of the Facts
A.________ transferred a property to her three children by notarial act while retaining a usufruct right, with the children assuming the existing mortgage debt. The cantonal tax authority of Neuchâtel qualified this transaction for tax purposes as a sale and accordingly levied a property gain tax. However, the Administrative Court saw a tax treatment as a gift, which allowed for a tax deferral. This led to the present Federal Court proceedings.
You can find the complete summary of the ruling in the Portal.
6B_777/2024: Standardization of Procedures and Criminal Evaluation in Connection with Incitement and Complicity in Serious Crimes
Summary of the Facts
Several complainants appeal to the Federal Court against the convictions of the Cantonal Court of Glarus. The charges concern among others incitement to attempted murder, complicity in serious bodily harm, qualified violation of the Narcotics Act, fraud, and the ordering of deportations. The events relate to a violent act on October 3, 2018, in which the victim C.________ was severely injured. The charges encompass not only the direct crimes but also involvement in the form of incitement and support.
You can find the complete summary of the ruling in the Portal.
5A_70/2024: Decision Regarding Maintenance Contributions for Children and Cost Sharing in a Divorce Proceeding
Summary of the Facts
This is a divorce proceeding between A.________ and B.________, in which contentious issues regarding child maintenance contributions and cost sharing of the cantonal proceedings were addressed. The parties have two children, C.________ (2005) and D.________ (2010), and there have been several court proceedings since their separation in 2012. The lower courts decided on issues such as parental responsibility, children's residence, maintenance contributions, and procedural costs. Before the Federal Court, particularly the financial contributions of the parents and the distribution of costs were contested.
You can find the complete summary of the ruling in the Portal.
7B_1450/2024: Complaint Against the Release of a Security Deposit
Summary of the Facts
The complainant A.________ requests the reimbursement of a security deposit of CHF 15,000, which was ordered in the criminal proceedings against her husband B.________ and paid from her account. The lower court mistakenly assumed that the security deposit originated from B.________ himself and ordered its use to cover procedural costs according to Art. 239 para. 2 StPO. A.________ filed a complaint against this before the Federal Court.
You can find the complete summary of the ruling in the Portal.
5A_636/2023: Contribution Obligation of the Non-Custodial Parent in the Context of Measures to Protect the Marital Community
Summary of the Facts
A.________ (husband) and B.________ (wife) have been married since 2020 and have a child together, C.________, born in 2022. In connection with measures to protect the marital community, it was decided that the mother would have sole custody of the child and that the father would have to make a maintenance payment. The father contested the amount of the maintenance contributions before the Federal Court, as he considered them inappropriate in relation to his financial situation.
You can find the complete summary of the ruling in the Portal.
5A_866/2024: Clarification of the Fee Amount at an Incompetent Bankruptcy Office
Summary of the Facts
The Office for Bankruptcy of the Canton of Fribourg had published the initiation of bankruptcy and liquidation of C.________ GmbH. The A.________ AG mistakenly filed a claim at the Office for Bankruptcy of the Canton of Geneva. This office rejected the claim and imposed a fee of a total of CHF 22.80 (CHF 17 for official actions and CHF 5.80 for postage). The A.________ AG filed a complaint and argued that such costs were not owed according to Art. 87 BVG. The cantonal supervisory authority reduced the fee to CHF 14.80. The Office for Bankruptcy of the Canton of Geneva filed a complaint against this decision with the Federal Court.
You can find the complete summary of the ruling in the Portal.
5A_229/2025: Inadmissibility of a Complaint Against Bankruptcy Opening Without Prior Enforcement
Summary of the Facts
The Federal Court deals with a complaint from the complainant, A.________, against a decision of the Cantonal Court of Zurich. This court had determined that due to a lack of personal signature and a complaint not submitted in time, the submission is deemed not to have occurred. The Federal Court examines the admissibility of the complaint.
You can find the complete summary of the ruling in the Portal.
8C_669/2023: Refund of Legally Collected Supplementary Benefits According to ELG
Summary of the Facts
The heirs of the deceased D.________, who received supplementary benefits for AHV, contest the repayment of CHF 13,369.- by the compensation office of the Canton of Bern. They argue that this amount should be reduced to CHF 3,701.05 by taking into account the death and burial costs as well as costs for supplementary services of the senior center in the estate.
You can find the complete summary of the ruling in the Portal.
2C_172/2025: Revocation of a Medical Practice License and Permanent Professional Ban of a Doctor
Summary of the Facts
Med. pract. A.________, a doctor in the Canton of Aargau, received a practice license in 1979. Between 2014 and 2020 at the latest, he repeatedly prescribed medications (Zolpidem and Tramadol) to a patient without conducting personal consultations. The patient died in 2020 from a mixed intoxication, which led to the doctor's criminal conviction for violation of the Narcotics Act. Consequently, the Department of Health and Social Affairs of the Canton of Aargau revoked the license and imposed a permanent professional ban. The doctor's objection and complaint were rejected by the cantonal government and the Administrative Court of the Canton of Aargau. The doctor then turned to the Federal Court.
You can find the complete summary of the ruling in the Portal.
6B_909/2024: Ruling on the Withdrawal of an Appeal in Criminal Proceedings
Summary of the Facts
A.________ was convicted by the Police Court of the Canton of Geneva for simple bodily harm (Art. 123 StGB) and theft (Art. 139 StGB) and sentenced to six months of imprisonment and ordered to pay CHF 1,000 to C.________. Additionally, his deportation was ordered for ten years. The cantonal court of Geneva acknowledged the withdrawal of the appeal against this ruling, rejected a subsequent attempt to re-register the appeal, and removed the case from the list. A.________ filed a complaint with the Federal Court and requested, among other things, the resumption of the appeal proceedings.
You can find the complete summary of the ruling in the Portal.
1C_514/2024: Ruling on a Complaint Concerning the Non-Issuance of the Federal Naturalization Permit
Summary of the Facts
The complainants, A.B. and C.B., Israeli nationals with a residence permit since 2016, applied for naturalization in 2017. After a negative assessment by the State Secretariat for Migration (SEM) and the Federal Administrative Court (BVG), as well as the referral of the case by the Federal Court, the complaint was again rejected by the BVG. They requested a review from the Federal Court. The issue revolves around the connection of A.B. and C.B. to G.________, a brother of the complainant, who is linked to money laundering and other crimes.
You can find the complete summary of the ruling in the Portal.
5A_659/2024: Ruling on the Division of an Estate in the Case of E.________
Summary of the Facts
E.________ passed away in 2019, leaving behind his wife D.________ and his children A.________, B.________, and C.________. There was neither a marriage contract nor a will for the inheritance. A.________ filed a lawsuit for the division of the estate. The dispute over the division of the estate proceeded through various instances up to the Federal Court, which decided on various questions of inheritance law and the taking of evidence.
You can find the complete summary of the ruling in the Portal.
2C_431/2024: Decision on Minimum Wage Regulations and Sanctions in the Canton of Geneva
Summary of the Facts
The A.________ SA, a corporation active in the medical field based in Canton U.________, was reviewed by the cantonal labor office of the Canton of Geneva (Office cantonal) for non-compliance with the minimum wage that has been in effect since November 1, 2020. The labor office found that the company could not justify exceptions from the minimum wage for several employees, particularly those with "internship" or "temporary" contracts. This resulted in repayments amounting to CHF 471,691.57 as well as an initially set administrative fine of CHF 27,400. Upon appeal by A.________ SA, the Cour de justice reduced the fine amount to CHF 25,000 but confirmed the other claims.
You can find the complete summary of the ruling in the Portal.
4D_196/2024: Ruling on Definitive Legal Opening (Subsidiary Constitutional Complaint)
Summary of the Facts
The respondent, the State of Valais, received definitive legal opening for a tax claim in a debt enforcement procedure from the District Court of Brig, Östlich-Raron and Goms. The complainant lodged a complaint against this decision with the Cantonal Court of Valais, which dismissed the complaint. The complainant then filed a complaint with the Federal Court against this decision.
You can find the complete summary of the ruling in the Portal.
4A_146/2025: Decision on the Obvious Inadmissibility of a Legal Remedy
Summary of the Facts
A.________ filed a legal remedy with the Federal Court against a decision of the Civil Chamber of the Vaud Cantonal Court, which confirmed the inadmissibility of his cantonal legal remedy. The cantonal court found that A.________'s legal remedy was filed late, as the original decision was validly served to him on March 11, 2024, and the deadline for submission expired on March 21, 2024.
You can find the complete summary of the ruling in the Portal.