Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositive parts. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There, you can configure your newsletter and receive the latest rulings tailored to your areas of law.
5A_140/2025: Decision on the Admissibility of an Appeal in Maintenance Proceedings after Divorce
Summary of the Facts
In the context of divorce proceedings before the Tribunal civil de l'arrondissement de La Côte, maintenance contributions for the minor child C.A.________ were established. The appellant, A.A.________, filed an appeal against the decision, which was declared inadmissible by the Cour d'appel civile des Tribunal cantonal des Kantons Vaud due to insufficient reasoning. The appellant then submitted a request to the Federal Court, which was treated as an appeal in civil matters in accordance with Art. 72 para. 1 BGG.
Summary of the Considerations
(1) The lower court declared the appellant's appeal inadmissible as the requirements for reasoning under Art. 311 para. 1 ZPO were not met. This applies both to the criticism of the factual findings of the first instance and to the legal arguments. (4.1) The obligation to provide reasoning also applies to proceedings conducted under the official principle and the investigative principle. (4.2) The Federal Court states that the appellant's reasoning does not specifically address the question of legal violation established by the lower court. Moreover, there is a lack of substantial engagement with Art. 311 para. 1 ZPO or its allegedly formalistic application. Instead, the appellant merely argues without substantively disputing the alleged inadequate motivation of the cantonal remedy. The appeal was therefore declared inadmissible. (5) Due to the inadmissible appeal, it is rejected in the simplified procedure according to Art. 108 para. 1 lit. b BGG.
Summary of the Dispositive Part
The appeal was declared inadmissible, and the court costs were imposed on the appellant.
9C_428/2024: Judgment on Liability for Damages Due to Lost Social Security Contributions
Summary of the Facts
The appellant was a member of the board of directors of B.________ AG and was ordered by the compensation fund of the Canton of Zurich (SVA Zurich) to pay damages of CHF 39'842.15 for failure to remit social security contributions (2013–2015). The lower court confirmed the liability for damages. The appellant filed a public law appeal with the Federal Court, requesting the annulment of the lower court decisions and the order.
Summary of the Considerations
The Federal Court examines legal violations according to Art. 95 ff. BGG. It is fundamentally bound by the factual findings of the lower court, unless they are obviously incorrect. Factual complaints and legal reasoning must be precisely formulated. The Federal Court refers to the correct legal basis for employer liability (Art. 52 AHVG). The lower court affirmed damage, unlawfulness, gross negligence, and the adequate causal connection based on the entrepreneurial responsibility of the appellant. The lower court definitively established that the appellant acted grossly negligently as the only board member by failing to ensure the lawful remittance of social security contributions. The appellant claimed a violation of the right to be heard. The Federal Court denies this, referring to the anticipated assessment of evidence by the lower court. The general criticism of the appellant regarding the lower court's factual findings is not further examined due to a lack of detailed reasoning. The Federal Court states that a board member is liable, even if factual obstacles hinder the execution of the mandate. In the case of non-transferable responsibility, the appellant should have resigned immediately. The appellant's argument regarding the exculpation of the arrears is rejected, as the duration of the arrears was abusively long (2013–2015). The Federal Court finds no overriding third-party fault that would justify a limitation of liability for the appellant. Statute of limitations or causation issues are not disputed by the appellant. The Federal Court confirms the appellant's liability for damages in the amount of CHF 39'842.15.
Summary of the Dispositive Part
The appeal was rejected, and the court costs were imposed on the appellant.
2C_72/2025: Admissibility of an Appeal Procedure Due to Lack of Prepayment of Court Costs
Summary of the Facts
The French citizen A.________, residing in Switzerland since 2012, had a residence permit since 2017. The cantonal migration office of Geneva declared this permit null and void due to an alleged move since January 2015. The Administrative Court had overturned the migration office's decision, but the cantonal judiciary restored it. A.________ filed an appeal with the Federal Court.
Summary of the Considerations
(3.1) According to Art. 62 para. 1 BGG, prepayment of court costs is required; otherwise, the appeal will be declared inadmissible (Art. 62 para. 3 BGG). (3.2) Legal aid according to Art. 64 para. 1 BGG can be granted if the financial circumstances justify it and the appeal is not hopeless. The burden of proof for the neediness lies with the applicant. (3.3) Extensions of deadlines and their restoration are possible under certain conditions (Art. 50 para. 1 BGG), but require sufficient evidence and justification. (3.4) A.________ neither paid the prepayment nor fulfilled the requirements for legal aid within the set deadline and did not submit credible evidence for a reduction in his capacity to act due to health problems.
Summary of the Dispositive Part
The dispositive declares the appeal inadmissible and imposes no court costs.
2C_205/2025: Inadmissibility of the Appeal in a Foreign Law Limitation Matter
Summary of the Facts
The migration office of the Canton of Zurich ordered a foreign law restriction of A.________ to the district of U.________ according to Art. 74 para. 1 lit. b AIG for two years. The coercive measures court of the District Court of Zurich dismissed an appeal against this decision and revoked the suspensive effect of the appeal. The Administrative Court of the Canton of Zurich also rejected the request for restoration of the suspensive effect. With an appeal to the Federal Court, A.________ requested the restoration of the suspensive effect, among other things, invoking his right to family life according to Art. 8 ECHR and Art. 13 BV.
You can find the complete summary of the judgment in the Portal.
7B_119/2025: Decision on Non-Adoption of a Criminal Procedure
Summary of the Facts
The appellant filed a criminal complaint against an unknown perpetrator for violation of official secrecy and violation of data protection, as a superior court ruling had been delivered together with a Federal Court ruling to a cantonal authority. The prosecution decided not to initiate an investigation. The appellant appealed to the Cantonal Court of Glarus, which was dismissed. Before the Federal Court, he requested the annulment of the superior court decision and the initiation of the procedure.
You can find the complete summary of the judgment in the Portal.
6B_487/2024: Judgment on Appeals
Summary of the Facts
A.A. and B.A. were convicted in the first instance in connection with a neighborhood conflict for assaults and other violations of criminal and civil law. They appealed to the Federal Court against their conviction and against the cost distribution for the cantonal proceedings. The Federal Court examined the legal situation and factual determinations of the affected act.
You can find the complete summary of the judgment in the Portal.
6B_181/2025: No Admission of Appeal Due to Insufficient Reasoning in the Revision Procedure
Summary of the Facts
The appellant requested the revision of a cantonal decision that dismissed his objection to a penalty order for a violation of the conditions in the driver's license as late. The Federal Court had already once (Judgment 6B_828/2022) not admitted this matter. The present revision request against the decision of the cantonal court of January 21, 2025, is also not addressed due to insufficient reasoning.
You can find the complete summary of the judgment in the Portal.
7B_124/2025: Jurisdiction of the Extraordinary Public Prosecutor in the Canton of Ticino Examined
Summary of the Facts
The appellant F.________ challenged the appointment of an extraordinary public prosecutor by the government of the Canton of Ticino in the context of a criminal procedure. This public prosecutor had conducted a procedure for defamation, slander, and pornography against other judges of the same cantonal court and issued a non-admission decision. The appellant requested that the appointment and the decisions based on it be declared null and void.
You can find the complete summary of the judgment in the Portal.
6B_60/2025: Decision on the Referral of a Criminal Procedure
Summary of the Facts
The procedure concerns A.________, who was sentenced in the first instance by the District Court of Lenzburg to a nine-year prison sentence as well as an outpatient therapeutic measure and a ban on activity. The judgment was based, among other things, on the pre-procedural questioning of B.________. The second instance overturned this judgment and referred the case back to the first instance for a new main hearing. The public prosecutor's office of the Canton of Aargau appealed to the Federal Court against this.
You can find the complete summary of the judgment in the Portal.
6B_43/2025: Decision on the Connection Between Measures Under Art. 59 StGB and Treatment Alternatives
Summary of the Facts
A.________ was initially convicted by the District Court of the District of Sion and subsequently by the Criminal Court of the Canton of Valais for various offenses (e.g., driving under the influence of alcohol, driving without a license, violation of simple traffic rules). Furthermore, the application of an institutional therapeutic measure under Art. 59 StGB was ordered. The conviction was based on psychiatric reports that diagnosed paranoid schizophrenia and recognized a significant connection between the mental state and the committed offenses. A.________ appealed against the measure ruling to the Federal Court and requested the arrangement of an outpatient treatment model according to Art. 63 StGB.
You can find the complete summary of the judgment in the Portal.
6B_351/2025: Non-Admission Decision in a Criminal Matter
Summary of the Facts
The appellant A.________ filed an appeal against a judgment of the Cantonal Court of Bern dated June 25, 2024, which included a prison sentence of 43 months, a fine of 20 daily rates, and a ban on the country for 6 years. The Federal Court examined the timely submission of the appeal and its formal requirements.
You can find the complete summary of the judgment in the Portal.
2C_632/2024: Decision Regarding the Late Payment of Compensation in a Foreign Law Dispute
Summary of the Facts
A.________ requests the re-establishment of a deadline, as the compensation payment of CHF 600 was not transferred to the Administrative Court of the Canton of Vaud within the set deadline. According to A.________, the reason was the burdensome family circumstances of his wife, who was responsible for the payment. The Cantonal Administrative Court rejected the request for reinstatement and declared the appeal inadmissible. A.________ therefore appeals to the Federal Court and requests a declaration of the admissibility of his appeal.
You can find the complete summary of the judgment in the Portal.
5A_305/2025: Decision Regarding Delay of Justice Appeal in Connection with a Guardianship
Summary of the Facts
The appellant A.________ was under a representation and participation guardianship established by the KESB Arbon. Several requests for the cancellation of the guardianship were rejected by the KESB. His brother and guardian submitted a request treated as a delay of justice appeal to the Cantonal Court of Thurgau, which became moot as the KESB had meanwhile made a contestable decision. Therefore, the Cantonal Court did not admit the appeal. The appellant turned to the Federal Court to have the guardianship annulled.
You can find the complete summary of the judgment in the Portal.
5F_20/2025: Revision of the Judgment Regarding Heating Cost Dispute
Summary of the Facts
The development "C.________" includes attached single-family houses with a shared heating system, the operation of which is regulated by a regulation that provides for a cost arrangement. Disputes arose among the owners regarding the distribution of heating costs. The applicant was judicially ordered to pay CHF 3,484.60 after he had partially or not at all settled the costs. With the present request, the applicant seeks the revision of the Federal Court judgment 5A_125/2024 and requests a new cost distribution as well as a reassignment of court costs.
You can find the complete summary of the judgment in the Portal.
5A_723/2024: Judgment Regarding the Construction Craftsman Lien
Summary of the Facts
The A.________ AG, as the general contractor for the renovation and extension work of a hospital, applied to the Commercial Court of the Canton of Zurich for the provisional registration of a construction craftsman lien of CHF 45,021,209.72. However, the Commercial Court granted the registration only up to an amount of CHF 25,021,209.72 with interest. It rejected the request beyond that amount, as part of the claim (CHF 20 million) did not represent a lien-eligible service but rather a claim under guarantee law. A.________ AG contested this judgment before the Federal Court, arguing among other things that the legal situation established by the lower court was uncertain and that there was arbitrariness.
You can find the complete summary of the judgment in the Portal.
2C_552/2024: Judgment on the Approval of a Shortened Lease Duration under Agricultural Lease Law
Summary of the Facts
The appellant, A.A.________, and the heirs of the deceased C.A.________ have repeatedly concluded fixed-term agricultural lease agreements for parcel Kat. No. xxx. The dispute is whether an agricultural lease agreement with a regular duration of six years starting from January 1, 2022, was concluded, as the request for approval of a shortened lease duration was submitted late. The Office for Landscape and Nature of the Canton of Zurich approved the shortened lease duration for the year 2022. The Building Directorate refused legal protection, and the Cantonal Administrative Court confirmed the approval. The appellant appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
5A_284/2025: Decision Regarding Legal Aid and Late Appeal
Summary of the Facts
The appellant A.________ filed a claim for damages against the state, for which she could not pay the court cost advance. She therefore requested legal aid, which was denied by the Regional Court due to the hopelessness of the claim. The Cantonal Court of Bern did not accept an appeal against this due to insufficient reasoning. Before the Federal Court, the appellant also requested legal aid and submitted a late appeal.
You can find the complete summary of the judgment in the Portal.
7B_654/2023: Judgment Regarding Non-Initiation Decision
Summary of the Facts
A.________, co-founder and former chemist of C.________ Sàrl, sued his co-partner B.________ for suspicion of several crimes, including unlawful appropriation (Art. 137 StGB), false statements about commercial companies (Art. 152 StGB), and disloyal management (Art. 158 StGB). The dispute revolved around the use of company funds, access to personal belongings, and the provision of allegedly false information about the company. The Geneva Ministry refused to initiate criminal proceedings. The lower court dismissed a cantonal appeal against this. A.________ then filed an appeal before the Federal Court.
You can find the complete summary of the judgment in the Portal.
6B_318/2025: Decision on the Appeal of Revision in Criminal Matters
Summary of the Facts
The appellant A.________ submitted a revision request against a judgment of the cantonal criminal authorities of Geneva, which had convicted him of murder. The cantonal authorities rejected the request due to formal deficiencies, after which A.________ contested this before the Federal Court and requested a criminal review as well as compensation of CHF 300,000 for immaterial damage. Additionally, a request for legal aid was submitted.
You can find the complete summary of the judgment in the Portal.
6B_145/2025: No Admission of Appeal Against the Ruling of the Cantonal Court of Zurich
Summary of the Facts
The appellant requested before the Cantonal Court of Zurich the issuance of an independent subsequent decision according to Art. 363 ff. StPO, questioning the legal force of the cantonal court ruling of January 29, 2024. The Cantonal Court did not admit the request, and the appellant appealed against this to the Federal Court.
You can find the complete summary of the judgment in the Portal.
1C_24/2025: Complaint Regarding the Jurisdiction Order for the Approval of Additional Costs for an Asylum Accommodation in Zumikon
Summary of the Facts
The municipal council of Zumikon approved additional costs for the construction of an asylum accommodation, which exceeded the originally agreed expenses by 10.97% and surpassed the threshold of CHF 5,000,000. Christoph Künzle complained that no ballot vote was conducted and filed appeals that were rejected by the District Council of Meilen and the Administrative Court of Zurich. He then appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
7B_199/2025: Inadmissibility of the Appeal Due to Non-Payment of Process Costs
Summary of the Facts
A.________ filed an appeal with the Federal Court against a decision of the Criminal Chamber of the Cantonal Court of Valais dated February 5, 2025, which rejected the request to annul a seizure order regarding the appellant's computer. The Federal Court declared the appeal inadmissible due to non-payment of the required process costs.
You can find the complete summary of the judgment in the Portal.
7B_104/2025: Decision on the Decree Regarding the Dismissal of the Procedure
Summary of the Facts
The Federal Court deals with an appeal by A.________ against a decision of the cantonal appeals chamber regarding a decree on the dismissal of a procedure. The procedure involved allegations of defamation, multiple slanders, and pornography against members of the cantonal criminal court of the Canton of Ticino. The decision on the dismissal was made by the extraordinary public prosecutor of the Canton of Graubünden, who was appointed by the government of the Canton of Ticino.
You can find the complete summary of the judgment in the Portal.
5A_276/2025: Non-Admittance of an Appeal Due to Formal Deficiencies and Late Deadline Compliance
Summary of the Facts
The appellant A.________ contested a decision of the Cantonal Court of Bern regarding the rejection of her request for legal aid in connection with a property claim. Her claim pertained to a property that she believed was unlawfully registered in 1974 as sole ownership by her grandmother. The Cantonal Court did not admit her appeal against the first-instance decision due to insufficient reasoning, while the Federal Court rejected her appeal due to late submission and inadequate reasoning.
You can find the complete summary of the judgment in the Portal.
1C_434/2024: Restoration of the Legal State of an Auto Garage
Summary of the Facts
This case examines the legality of the building use of an auto garage in Ittigen. It was disputed whether a building permit from 1998 was violated, which prohibited, among other things, the establishment of a washing area and required that skylights be firmly closed. Due to significant noise emissions from the multipurpose room, the municipality initiated a building police procedure. The lower court ordered the garage B.________ GmbH to implement the construction measures to restore the legal state. The Federal Court confirms the decisions of the lower courts.
You can find the complete summary of the judgment in the Portal.
2C_418/2024: Judgment on the Jurisdiction of FINMA in a Money Laundering Dispute
Summary of the Facts
A.________, a lawyer and member of the self-regulatory organization of the Swiss Bar Association (SRO SAV/SNV), requested the FINMA to declare the FATF risk country list as non-binding for self-regulatory organizations. The FINMA did not accept the request and referred to its lack of jurisdiction over members of self-regulatory organizations like the SRO SAV/SNV. This non-admittance was confirmed by the Federal Administrative Court.
You can find the complete summary of the judgment in the Portal.
7B_322/2025: Decision on the Inadmissibility of a Legal Remedy in Criminal Matters and Refusal of Legal Aid
Summary of the Facts
A.________ submitted a request for the cancellation of pre-trial detention, which was rejected by the Bernese court for coercive measures. The extension of detention by two months was ordered. The cantonal appeals chamber of the Bernese Supreme Court dismissed an appeal against this decision. A.________ subsequently filed an appeal with the Federal Court on April 8, 2025, along with a request for legal aid.
You can find the complete summary of the judgment in the Portal.
8C_81/2025: Insurance Against Accidents – Definition of an Accident
Summary of the Facts
An employee suffered an injury to his right hand in November 2023 during a walk with his dog, which was initially diagnosed as painful swelling. The affected individual claimed to have been bitten by an insect (probably an arachnid). Subsequently, an infectious injury to the hand led to several medical procedures. The accident insurance (AXA) denied coverage, stating that no accident event had been proven according to the legal definition. The insured and his employer unsuccessfully sued before the cantonal insurance court. The insured then appealed to the Federal Court.
You can find the complete summary of the judgment in the Portal.
6B_323/2023: Judgment on the Mask-Wearing Obligation Under the aCovid-19 Regulation Special Situation
Summary of the Facts
The lower courts found that A.________ consciously did not wear a mask on the day in question and sentenced him to a fine of 100 francs. A.________ appealed against the conviction but failed to prove that he was exempt from the mask mandate for medical reasons.
You can find the complete summary of the judgment in the Portal.