Latest Judgments of the Federal Court
Here you will find the latest 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.
2C_209/2025: Decision on the inadmissibility of a complaint related to temporary protection
Summary of the Facts
Complainants A.________, B.________ and their minor son C.________, Ukrainian nationals, applied for temporary protection in Switzerland. Their request was rejected by the State Secretariat for Migration (SEM). Similarly, the Federal Administrative Court dismissed a complaint against this decision. The complainants then filed a complaint with the Federal Court.
Summary of Considerations
1. The Federal Court examines its jurisdiction ex officio (Art. 29 para. 1 BGG). It recognizes that the complaint in public law matters according to Art. 83 lit. d no. 1 BGG is not admissible in asylum decisions, unless there is a request for extradition from the state seeking protection, which is not the case here (E. 2.2). The expulsion as part of the decision also concerns foreign law and falls under the inadmissible subjects of complaints according to Art. 83 lit. c no. 4 BGG (E. 2.2). 2. The subsidiary constitutional complaint is also excluded, as it is not legally provided for against decisions of the Federal Administrative Court (Art. 113 BGG e contrario) (E. 2.3). 3. The complaint is deemed obviously inadmissible and is not dealt with in simplified proceedings by the head of the department according to Art. 108 para. 1 lit. a BGG (E. 3.1). Court costs are not imposed (Art. 66 para. 1 sentence 2 BGG), and party compensation is not to be paid (Art. 68 para. 3 BGG) (E. 3.2).
Summary of the Dispositive
The complaint is not dealt with, no court costs are incurred, and the judgment is communicated to the parties involved.
1C_101/2025: Complaint regarding the refusal of authorization for criminal proceedings
Summary of the Facts
A.________ filed numerous criminal charges against employees of the Child and Adult Protection Authority (KESB) Region Rorschach and other individuals, mainly related to measures concerning his deceased mother. The Public Prosecutor's Office of the Canton of St. Gallen refused to grant the authorization to open criminal proceedings, prompting A.________ to file a complaint with the Federal Court.
Summary of Considerations
(1) The criminal charges by A.________ included serious allegations such as murder, kidnapping, and abuse of office, which were examined and rejected by the Public Prosecutor's Office. The reasoning was based, among other things, on a lack of substantiation and the autopsy results, which confirmed a natural cause of death. (2) A.________ raised new accusations, which also did not meet the minimum substantiation requirements. The previous instance had already noted that the claims submitted were criminally irrelevant. (4) The Federal Court examined whether the complaint against the refusal of authorization met the substantiation requirements according to Art. 42 and Art. 106 para. 2 BGG. A.________ could not substantively address the considerations of the previous instance and did not provide solid evidence of criminal acts. His statements were deemed merely appellate and insufficient, which is why the complaint was not admitted. (5) No costs were imposed on the complainant.
Summary of the Dispositive
The complaint was not upheld, and no costs were incurred.
5A_595/2024: Decision on land register entry for foreign inheritance documents
Summary of the Facts
The complainant A.________, residing in Switzerland, applied for the registration of the acquisition of a property in the canton of Valais, which he had purchased from his mother C.________. This sale was based on an "inheritance and sale certificate" created after the death of his father B.________, followed by a spousal inheritance contract with waiver of inheritance and compulsory share by the children from Germany. The land registry office rejected the registration as an inheritance certificate and a declaration of consent from all heirs were missing. A.________ filed cantonal legal remedies and finally a complaint with the Federal Court.
Summary of Considerations
1. Admissibility of the complaint (1.1–1.6) The Federal Court examined the formal requirements of the complaint and limited itself to the issue of violation of federal law. The parallel application for an inheritance certificate in Germany did not impair the jurisdiction of the land registry office. An application for procedural consolidation was dismissed as inadmissible. 2. Legal basis in land registry proceedings (2.1–2.2.3) An inheritance certificate is necessary to trace the inheritance of the deceased party and to ensure that C.________ was lawfully entitled to dispose of the property. Due to unclear disposal restrictions from partition orders in the spousal inheritance contract as well as possible successors' rights, the registration without an inheritance certificate is unlawful. 3. Equivalent foreign inheritance documents (3.1–3.3.7) According to applicable law, foreign inheritance documents can be recognized as legal basis if they are equivalent to a Swiss inheritance certificate. In the specific case, the factual and legal circumstances were insufficiently clarified, which confirmed the necessity of an inheritance certificate. 4. Declaration of consent from other heirs (3.4.1–3.4.2) A written consent from all heirs is not directly required, as the change of ownership occurs due to a purchase contract and not within the framework of the inheritance division. The final clarification of this issue can only take place after the submission of an inheritance certificate.
Summary of the Dispositive
The complaint was dismissed, the court costs were imposed on the complainant, and no party compensation was granted.
8C_333/2024: Decision on supplementary benefits and waiver of assets
Summary of the Facts
A.________, born in 1943, applied for supplementary benefits to the AHV due to financial difficulties after consuming assets from the sale of her property. The city of Zurich rejected the application, as a waiver of assets was established. A decision from 2021 upheld the same point with legal force. In a new application in 2023, A.________ presented additional arguments, claiming that repayments to a friend should be considered as loan repayments. This application was also rejected, and the social insurance court of the canton of Zurich confirmed the decision.
Complete summary of the judgment can be found in the Portal.
2C_159/2025: Decision regarding refused residence permits in the context of family reunification
Summary of the Facts
A Tunisian national, who has lived in Switzerland since 2005, applied for family reunification for his wife and two children living in Tunisia in 2021. According to the cantonal authorities and the administrative court, there was no basis for family reunification. The applicant and his wife filed a complaint with the Federal Court to have these decisions reviewed.
Complete summary of the judgment can be found in the Portal.
5A_226/2025: Judgment on the complaint against the KESB Birstal and the Cantonal Court of Basel-Landschaft
Summary of the Facts
A.________, father of a child born in 2015, repeatedly filed complaints regarding alleged shortcomings at the Child and Adult Protection Authority (KESB) Birstal. Following a non-admissibility decision by the Cantonal Court of Basel-Landschaft, A.________ approached the Federal Court, including demands for supervisory interventions. The Federal Court reviews his submissions, which prove to be largely inadmissible or insufficiently substantiated.
Complete summary of the judgment can be found in the Portal.
6B_214/2025: Non-admission of the complaint due to lack of cost advance
Summary of the Facts
The complainant A.________ filed a criminal complaint against a judgment of the Cantonal Court of Valais. He was requested to pay a cost advance of CHF 800.–, initially by March 18, 2025, and after a deadline extension by April 7, 2025. This advance was not paid. Instead, the complainant submitted an undated letter that did not refer to the matter.
Complete summary of the judgment can be found in the Portal.
2C_176/2025: Complaint regarding residence permit EU/EFTA and process representation
Summary of the Facts
A.________ applied for an EU/EFTA residence permit, but the administrative court of the canton of Zurich dismissed his complaint. Subsequently, two separate complaints were submitted to the Federal Court – one by attorney Davide Loss and one by lic. iur. B.________ – between which there was uncertainty regarding the representation of the complainant.
Complete summary of the judgment can be found in the Portal.
9C_14/2024: Judgment on admission restrictions for service providers in the canton of Bern
Summary of the Facts
The Federal Court addresses a complaint against the regulation of the cantonal government of Bern on the admission to activities at the expense of the mandatory health insurance (ZulaV). The complainants, including the medical association of the canton of Bern and various specialists, request full or partial repeal of the regulation, arguing that it violates the principle of legality, economic freedom, equal treatment under the law, and is arbitrary. The subject of the regulation is maximum numbers for physicians per specialty and region in the canton of Bern.
Complete summary of the judgment can be found in the Portal.
9C_190/2025: Order to dismiss the proceedings due to withdrawal of the complaint
Summary of the Facts
The complainant A.________ filed a complaint against the judgment of the administrative court of the canton of Zug from March 24, 2025. However, she withdrew this complaint with a letter dated April 8, 2025. The subject of the proceedings was old-age and survivors' insurance.
Complete summary of the judgment can be found in the Portal.
5A_759/2024: Withdrawal of the right to determine residence and placement of a child in a children's home
Summary of the Facts
The right to determine the residence of the daughter (B.________) was withdrawn from the mother (A.________) and she is placed in a children's home. The mother, represented by a lawyer, requested the return of the right to determine residence and the lifting of the guardianship. The complaints against the KESB decisions were dismissed.
Complete summary of the judgment can be found in the Portal.
7B_258/2025: Decision on the non-initiation of a criminal investigation
Summary of the Facts
The complainant A.________ filed a criminal complaint on September 9, 2024, regarding various offenses that allegedly occurred on August 27, 2024. The public prosecutor's office See/Oberland did not initiate the criminal investigation. A complaint against this non-initiation was dismissed by the Cantonal Court of Zurich. The complainant then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_424/2023: Decision of the Federal Court on labor law in the medical field
Summary of the Facts
A former assistant doctor at the B.________ hospital, A.________, filed a lawsuit to claim compensation for allegedly undocumented and unpaid overtime as well as other claims for periods from 2011 to 2012. The dispute includes the remuneration of overtime, the calculation of working hours, the entitlement to compensation for rest periods, and the recognition of working time during travel between different workplaces.
Complete summary of the judgment can be found in the Portal.
2C_306/2024: Compensation of a pro bono legal representative in the canton of Aargau
Summary of the Facts
A lawyer involved in pro bono legal representation in an administrative law procedure regarding school fees and transportation costs claimed compensation of CHF 17,486.85. The Administrative Court of Aargau awarded him a reduced flat compensation of CHF 10,000.–. The lawyer appealed to the Federal Court and requested an increase in compensation, which the Federal Court rejected.
Complete summary of the judgment can be found in the Portal.
7B_175/2025: Judgment on the issue of non-admission and the unsealing of data carriers
Summary of the Facts
The Public Prosecutor's Office of Basel-Landschaft is conducting a criminal investigation against A.________ for multiple threats, sexual harassment, and insult. In this context, electronic data carriers were seized, and a request for their unsealing was partially approved. A.________ appealed against this and also against the rejection of his request for an extension of the deadline for submitting a copied suspensive order.
Complete summary of the judgment can be found in the Portal.
8C_491/2024: Decision on retraining measures within the framework of disability insurance
Summary of the Facts
A.________, born in 1972, suffered an accident in 2022 that impaired her ability to work. She applied for benefits from disability insurance in 2023, particularly retraining measures. The IV office rejected the claim, stating that the degree of disability was only 13%. A.________ appealed against this but was unsuccessful before the cantonal court.
Complete summary of the judgment can be found in the Portal.
5A_304/2025: Decision on the complaint against a protective placement
Summary of the Facts
B.________ was placed protectively by the Child and Adult Protection Authority (KESB) in the competence center for care and health in U.________ on February 21, 2025. His brother A.________ (complainant) opposed the placement with various submissions and requested the transfer and discharge of B.________. The cantonal authorities dismissed the complaints to the extent they were admitted. The complainant ultimately filed a constitutional complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_305/2024: Complaint in public law regarding reimbursement of school fees and transportation costs for a private school
Summary of the Facts
The complainant A.________ attended the private day special school F.________ from August 2019 due to special schooling related to his disability. Prior to that, he had been educated at the C.________ special school, where conflicts and rule violations by the complainant had occurred. The foster mother of the complainant unilaterally decided on schooling at the private school F.________, although the school board did not grant consent and the school is not recognized by IVSE. The municipal council rejected a request for cost coverage. The complainant unsuccessfully sought reimbursement of school and transportation costs before the Administrative Court of the Canton of Aargau.
Complete summary of the judgment can be found in the Portal.
1C_733/2024: Decision on a non-admission complaint regarding authorization procedures
Summary of the Facts
A.________ filed several criminal complaints against the cantonal police of St. Gallen, the KESB Region Rorschach, and other individuals, among other things for kidnapping, trespassing, and abuse of office. The occasion was a KESB procedure to examine adult protection measures for A.________'s deceased mother. The Public Prosecutor's Office of the Canton of St. Gallen refused to grant authorization for opening criminal proceedings against the respondents. Furthermore, it did not consider a motion for disqualification by A.________.
Complete summary of the judgment can be found in the Portal.
7B_1059/2023: Judgment on police observation, money laundering, and expulsion from the country
Summary of the Facts
The Federal Court addresses a complaint from A.A.________ against the judgment of the Zurich High Court, which convicted him for, among other things, a crime against the narcotics law (BetmG) as well as qualified money laundering, expelling him from the country and imposing a compensation claim. The issues include the admissibility of evidence obtained through observation, the qualification of a serious case of money laundering, and the expulsion from the country.
Complete summary of the judgment can be found in the Portal.
1C_498/2024: Decision on the expiration of a provisional driver's license and ordering a medical traffic expertise
Summary of the Facts
A.________, holder of a provisional driver's license since April 13, 2022, operated a vehicle in an intoxicated state on March 31, 2023, and April 24, 2023. Her driver's license was temporarily revoked after the first offense and later returned. Due to the repeated intoxicated driving, the competent cantonal vehicle office (OCV) declared the provisional driver's license expired and ordered a medical traffic expertise. The affected person unsuccessfully approached the cantonal authorities. In the complaint to the Federal Court, she sought to have the decision overturned and to extend the probation period or to have a new decision made after the conclusion of the criminal proceedings.
Complete summary of the judgment can be found in the Portal.
4D_21/2025: Inadmissibility of a subsidiary constitutional complaint in connection with a provisional legal opening
Summary of the Facts
The complainant (A.________) filed a complaint with the Federal Court against the decision of the Zurich High Court of December 31, 2024, which dismissed her complaint against the provisional legal opening of the respondent (B.________) in a debt collection case. The point at issue was a debt acknowledgment that the complainant considered to be forged. The Federal Court deemed the complaint inadmissible.
Complete summary of the judgment can be found in the Portal.
5A_274/2025: Decision on the deadline for legal objections and standing to appeal
Summary of the Facts
A.________ was subject to debt collection and filed a legal objection, but it was late. The debt collection office declared the legal objection as not having occurred. A.________ appealed against this to the Cantonal Court of Bern, which did not admit the appeal. Subsequently, A.________ and B.________ filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_50/2025: Termination of accident insurance benefits
Summary of the Facts
The insured, born in 1976, suffered an injury to his left hand and shoulder on November 3, 2020, while working as a mechanic. After surgical treatments and further medical examinations, the Swiss Accident Insurance Institute (INSAI) determined in a decision dated May 27, 2022, that no accident-related benefits would be owed from February 1, 2022, as a natural causal connection between the complaints and the accident was not overwhelmingly likely. The insured contested this determination, and the case went through proceedings up to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_260/2025: Decision on the issue of wage garnishment
Summary of the Facts
The complainant was subjected to two separate debt collections by the Canton of Bern and the municipality of Niederbipp. The debt collection office Emmental-Oberaargau garnished the complainant's wages and a property and issued a distribution plan along with a distribution list. The complainant demanded the refund of the garnished wages. Both his complaint to the Cantonal Court of Bern and the subsequent complaint to the Federal Court were unsuccessful.
Complete summary of the judgment can be found in the Portal.
5A_293/2025: Decision of non-admission
Summary of the Facts
The respondent, a health insurance company, pursued the complainant for outstanding amounts. The district court of St. Gallen opened bankruptcy proceedings against the complainant. The cantonal court of St. Gallen confirmed this decision. The complainant filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_269/2025: Decision regarding a protective placement
Summary of the Facts
The complainant (A.________) was placed protectively at the psychiatric center U.________ on March 21, 2025. A complaint against this decision was dismissed by the Cantonal Court of Bern (decision of April 4, 2025). The complainant then filed a complaint with the Federal Court on April 10, 2025.
Complete summary of the judgment can be found in the Portal.
1C_23/2025: Denial of authorization for a criminal procedure related to an animal welfare inspection
Summary of the Facts
A.A.________ filed a criminal complaint against several individuals, including employees of the cantonal office for consumer protection and veterinary affairs as well as the cantonal police of St. Gallen. The occasion was an animal welfare inspection at the agricultural operation of his deceased mother B.A.________. The Public Prosecutor's Office of the Canton of St. Gallen refused to grant authorization for prosecution.
Complete summary of the judgment can be found in the Portal.
8C_686/2024: Obligation to provide benefits in the event of an accident with possible degenerative pre-existing conditions
Summary of the Facts
A.________ suffered an accident on April 3, 2022, when she fell on her knees. This resulted in injuries to her right knee, notably a meniscus tear, which she wanted to cover through AXA Assurances SA as the mandatory accident insurer. AXA discontinued benefits on May 15, 2022, on the grounds that the complaints were due to degenerative pre-existing conditions and not the accident. However, the cantonal instance ordered AXA to recognize the connection between the accident and the meniscus tear and to continue providing benefits. AXA subsequently filed a complaint with the Federal Court to have the situation reassessed.
Complete summary of the judgment can be found in the Portal.
7B_83/2025: Inadmissibility of a complaint due to failure to meet deadlines
Summary of the Facts
The Federal Court dealt with a complaint against the decision of the Public Prosecutor's Office of the Canton of St. Gallen, which had not admitted a cantonal complaint. The issues concerned the interpretation of deadlines and the attribution of actions by the complainant's lawyer.
Complete summary of the judgment can be found in the Portal.
5A_277/2025: Regulation of visitation rights and accompaniment in child law
Summary of the Facts
A.________ (mother) and B.________ (father) have a son C.________ (born 2011). The mother has sole custody. After a criminal investigation against the father for assault, the mother requested supervised visitation rights and mandatory therapy for the father, which the KESB and the district council of Zurich partially or fully rejected. The High Court ordered limited visitation accompaniment for six months. The mother is suing the Federal Court for a more extensive arrangement of the supervised visitation rights and suspensive effect until the end of the criminal investigation.
Complete summary of the judgment can be found in the Portal.
1C_643/2023: Decision on the construction project in Rougemont
Summary of the Facts
The builders A.A.________, B.A.________, and the company A.________ AG applied for permission for construction projects on several parcels in Rougemont. These are projects for chalets of different sizes, originally intended for use as second homes, later for use as primary residences. The construction projects were challenged by third parties and by Helvetia Nostra. The cantonal tribunal annulled the granted permits, citing oversized construction zones and possible violations of legislation regarding second homes.
Complete summary of the judgment can be found in the Portal.
1C_113/2025: Decision on the complaint against the refusal of authorization for prosecution
Summary of the Facts
A.________ filed criminal complaints against various persons, including employees of the KESB Region Rorschach, the managing director of a nursing home, and other officials. The criminal complaints were related to measures taken by the KESB for the placement of his mother, who later passed away. The Public Prosecutor's Office of the Canton of St. Gallen refused to grant authorization for prosecution in several decisions. A.________ filed complaints with the Federal Court against this, which were dismissed due to insufficient substantiation.
Complete summary of the judgment can be found in the Portal.