Latest Judgments of the Federal Court
Here you will find the most recent decisions of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and rulings. For the further 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.
2C_132/2025: Decision regarding the expiration of the appeal period in connection with an expulsion order
Summary of Facts
The cantonal office for population and migration of the Canton of Fribourg issued an expulsion order for a Cameroonian woman on January 31, 2025, pursuant to Art. 64 para. 1 LEI. An appeal was filed with the cantonal administrative court on February 6, 2025, which declared it inadmissible due to late submission in the decision of February 11, 2025. The appellant then filed an appeal to the Federal Court on February 24, 2025. During the pending proceedings, the original expulsion order was revoked by the office for population and migration.
Summary of Considerations
(1) The Federal Court examines its jurisdiction and the admissibility of the appeal ex officio (Art. 29 para. 1 LTF). The ordinary appeal according to Art. 83 lit. c LTF is excluded in the area of expulsions, so only the subsidiary constitutional complaint is relevant. (2) The appellant no longer has a current and practical interest in the decision, as the expulsion order has been revoked. The dispute is therefore moot and should be removed from the case list in accordance with Art. 32 para. 2 LTF. (3) Before declaring moot, the Federal Court reviews the original proceedings. It was found that the deadline according to Art. 64 para. 3 LEI was incorrectly calculated, as it did not exclusively consider working days. However, the cantonal court itself admitted that the appeal was timely. (4) For the resolution of the costs of the proceedings, it is established that no procedural costs are incurred. Since the appellant would have presumably succeeded and was represented by legal counsel, she is entitled to compensation (Art. 68 LTF).
Summary of the Ruling
The proceedings are declared moot, no costs are incurred, and compensation of CHF 1,000 is assigned.
4A_219/2024: Decision on the interpretation of an agreement according to Art. 18 OR
Summary of Facts
A.________ and D.________ SA entered into an agreement with B.________ Limited, which was later partially transferred to C.________ Limited. This agreement included a right of first refusal as well as a purchase option for shares of E.________ SA, which was in difficult financial conditions. In a dispute between the parties, the matter concerned the interpretation and application of the agreement, particularly regarding the transfer of obligations and rights and the validity of exercising a purchase option. The lower courts ruled in favor of B.________ Limited and C.________ Limited. A.________ ultimately appealed to the Federal Court.
Summary of Considerations
(1) The Federal Court examined the admissibility of the appeal and found that its formal requirements were met. However, it decided that the appellant could not demonstrate sufficient personal interest in protection, as the judgment primarily concerned D.________ SA. Nevertheless, the case was further examined, as the considerations addressed other issues. (2) The Court clarified that the transfer of the entire agreement from B.________ Limited to C.________ Limited was valid according to Art. 2.5 of the agreement and that the conditions set by the contracting parties were met, even though A.________ later refused consent and raised this. (3) Regarding the purchase option, the Court stated that the conditions specified in the agreement should be understood cumulatively and not exclusively. Therefore, the purchase option could be exercised in several situations, and the intention of the parties was to grant the buyer additional options. The argument of A.________ that an earlier period excluded the later one was rejected. (4) Finally, the Court pointed out that A.________ did not provide any new convincing arguments for the non-binding nature or expiration of the guarantee under Art. 111 OR (Promesse de porte-fort).
Summary of the Ruling
The appeal was dismissed, court costs and compensation were imposed on A.________.
1F_3/2025: Decision on a request for revision and supplementary submissions
Summary of Facts
The applicant A.________ requests the revision of a Federal Court judgment (1C_625/2024 of November 26, 2024) as well as six other judgments regarding the authorization to initiate criminal proceedings against employees of the City Police of St. Gallen. In addition, he criticizes the imposition of court costs and submits various submissions, including a supervisory complaint and a request for the waiver of court costs.
Summary of Considerations
(1) The judgment 1C_625/2024 did not address the complaint because it did not meet the justification requirements according to Art. 108 para. 1 BGG. Court costs of CHF 300 were imposed. (2) In the revision request, the applicant questions previous court decisions and generally criticizes that the Federal Court inadequately examined evidence and violated Art. 6 EMRK and Art. 29 para. 1 BV. However, he does not specify any concrete grounds for revision according to Art. 121 ff. BGG. The Federal Court finds that the criticism is not relevant to the revision procedure. (3) The Federal Court rejects the "supervisory complaint" because no specific allegations or evidence of bias or erroneous conduct of the court were presented. (4) The submissions dated February 1 and 6, 2025, regarding the waiver of court costs are also rejected, as the Federal Court Act does not provide a basis for waiving legally established costs. (5) Due to the hopelessness, no request for free legal aid is made, and such a request would be denied. Given the circumstances, the Court waives the collection of procedural costs under Art. 66 para. 1 BGG.
Summary of the Ruling
The revision request is denied, no costs are incurred, and the judgment is communicated to the relevant parties.
5A_607/2024: Judgment on the seizure office's valuation of a property
Summary of Facts
In a debt collection proceeding concerning the realization of a mortgage, the seizure office's valuation of a property was carried out and communicated to the debtor (A.________). The debtor filed an appeal under Art. 17 SchKG and requested a re-evaluation by experts. The first instance rejected the appeal and initially suspended certain enforcement measures. The Higher Court of the Canton of Zurich confirmed this and dismissed the debtor's further appeal. The appellant alleged a violation of his right to be heard and a disregard of Art. 44 SchKG before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1F_5/2025: Revision request against judgment regarding court costs and authorization to initiate criminal proceedings
Summary of Facts
The applicant A.________ requested the revision of a Federal Court judgment and other judgments in which complaints due to insufficient justification were not addressed. He demanded the reopening of the proceedings, the cancellation of court costs, and a renewed examination of the facts. Additionally, he filed a supervisory complaint and other submissions with similar demands. The Federal Court did not address any of the grounds asserted in the revision request as no legal grounds for revision were presented.
Complete summary of the judgment can be found in the Portal.
5A_231/2025: Decision on non-admission regarding a complaint concerning child protection proceedings
Summary of Facts
The appellant, the father of a daughter born on October 1, 2019, objected to a decision of the KESB Bern regarding the determination of compensation for his free legal representative. The Higher Court of the Canton of Bern did not admit the complaint he filed as it did not relate to the subject matter. The appellant then filed a complaint with the Federal Court and submitted several documents, which were, however, not sufficiently justified.
Complete summary of the judgment can be found in the Portal.
1C_503/2023: Decision on the question of zoning conformity and interest in the appeal
Summary of Facts
The municipality of Cologny appealed against the building and operating permit for a seasonal café-restaurant with a terrace on a plot by Lake Geneva for four months in the summer season of 2022. The plot is located in a green zone designated as "Sports Facilities" and partly in a nature reserve. The municipal appeal was based on violations of several legal provisions, including the spatial planning law and regulations for water protection. The Federal Court particularly examined the question of zoning conformity and the current interest in a decision, as the contested temporary installation had already been dismantled.
Complete summary of the judgment can be found in the Portal.
2C_381/2024: Residence permit and reconsideration request of a Cuban national
Summary of Facts
The Cuban national A.________ initially had a residence permit in Switzerland under family reunification. After the dissolution of the registered partnership in 2020, his residence permit was revoked. A reconsideration request from A.________ was not addressed by the competent authority, as no new relevant facts could be presented. The lower courts confirmed this non-admission of the reconsideration request.
Complete summary of the judgment can be found in the Portal.
1F_8/2025: Examination of a revision request and further submissions regarding legally binding Federal Court judgments
Summary of Facts
The applicant A.________ demands the revision of several Federal Court judgments, including the judgment 1C_630/2024, and also submits various documents to the Federal Court, including a supervisory complaint and requests for waiver of court costs. His main criticism concerns the cost imposition and the assessment of his complaints by the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_276/2024: Judgment regarding an asset management contract
Summary of Facts
The appellant A.________, son and heir of the deceased client, was of the opinion that the bank B.________ SA had pursued a too risky investment strategy that contradicted his mother's conservative investment profile requirements. He claimed financial losses as well as unjustified fees and sought damages. The lower court dismissed his claim, and the Federal Court confirmed this.
Complete summary of the judgment can be found in the Portal.
1F_7/2025: Revision request concerning judgment
Summary of Facts
A.________ requested the reopening of seven Federal Court judgments, including the judgment 1C_629/2024, and demanded the cancellation of court costs as well as a renewed examination of the facts taking into account previously submitted evidence. He accused the Federal Court of inadequate examination of evidence and a violation of Art. 6 EMRK and Art. 29 para. 1 BV. He also submitted a supervisory complaint and several documents regarding the cost imposition.
Complete summary of the judgment can be found in the Portal.
9C_357/2024: Claim for party compensation in the social insurance appeal procedure
Summary of Facts
The insured A.________ had outstanding old-age contributions as well as contributions from self-employment deducted from his AHV old-age pension. After several decision-making procedures, where he partially prevailed, the question of party compensation or free legal representation remained disputed.
Complete summary of the judgment can be found in the Portal.
5A_308/2025: Non-admission of an appeal in bankruptcy proceedings
Summary of Facts
On January 7, 2025, bankruptcy was opened against the appellant, A.________. Her appeal against this decision was dismissed by the Higher Court of the Canton of Aargau due to the untimely payment of the cost advance. She then turned to the Federal Court and requested, among other things, the cancellation of the bankruptcy proceedings.
Complete summary of the judgment can be found in the Portal.