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 remaining rulings, you will find a summary of the facts. The full 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.
7B_64/2025: Inadmissibility of the appeal due to lack of advance cost payment
Summary of the Facts
The A.________ GmbH filed an appeal against the decision of the Lucerne Cantonal Court regarding the non-initiation of a criminal proceeding. The Federal Court set a deadline for the appellant to pay an advance cost, which she let expire unused. The extended deadline was also not met.
Summary of the Considerations
1. The appellant filed an appeal in criminal matters on January 22, 2025. 2. According to Art. 62 para. 1 BGG, an advance cost must be paid. 3. The deadline for the payment of the advance cost (February 14, 2025) and the extended deadline (March 3, 2025) were not met. It was pointed out that failure to pay would result in the appeal not being considered. 4. Due to the non-payment of the advance cost, the Federal Court did not consider the appeal according to Art. 62 para. 3 BGG and Art. 108 BGG. 5. The court costs of CHF 500.-- are to be imposed on the appellant according to Art. 66 para. 1 BGG.
Summary of the Disposition
The Federal Court did not consider the appeal and imposed court costs of CHF 500.-- on the appellant.
4A_155/2024: Ruling regarding the challenge of the recognition of debts and a claimed receivable
Summary of the Facts
A.________ and B.________ disputed two acknowledgments of debt amounting to CHF 140,000 and EUR 500,000. The funds were transferred by a company whose sole economic owner was A.________. B.________ claimed that the acknowledgments of debt were simulated and served as a justification for the bank for the money transfer. A.________ disagreed and demanded the repayment of the amounts. The lower courts dealt extensively with the issue of simulation and the legal basis for the claim.
Summary of the Considerations
(1) The Federal Court confirmed the admissibility of the legal remedy under Art. 74 para. 1 lit. b and Art. 100 para. 1 BGG. (2) It pointed out the requirement that newly presented facts and evidence are only accepted under strict conditions (Art. 99 para. 1 BGG). Newly submitted documents from the appellant were deemed inadmissible. (3) The lower court correctly established that the acknowledgments of debt were simulated. The analysis of the circumstances showed that the funds were not intended for personally usable loans but for investment. The Federal Court noted that there was no arbitrariness. (4) A contractual relationship was qualified as a mandate and not as a loan or deposit. The claim for damages instead of repayment should be clarified within the framework of Art. 398 para. 2 and 97 OR. (5) The appellant did not provide sufficient evidence or convincing information regarding the existence of damage. (6) The arguments regarding the alleged arbitrary interpretation of the acknowledgment of debt relationship were rejected. (7) The appellant did not sufficiently demonstrate a violation of Art. 85a SchKG; the annulment of the enforcement for EUR 500,000 was justified.
Summary of the Disposition
The appeal was dismissed, and the court costs as well as a party compensation were imposed on the appellant.
6B_216/2025: Withdrawal of the appeal in proceedings concerning an objection to a penalty order (negligent bodily injury)
Summary of the Facts
The appellant A.________ filed an appeal against a ruling of the Cantonal Court of Graubünden (I. Criminal Chamber) dated July 16, 2024. The subject was an objection against a penalty order regarding negligent bodily injury. During the ongoing proceedings at the Federal Court, the appellant withdrew the appeal with an undated letter received on March 18, 2025. The letter was not hand-signed; however, the original advance cost order of March 4, 2025, was enclosed, making the origin of the withdrawal clearly identifiable.
Summary of the Considerations
(1) The President of the Federal Court states that the withdrawal of the appeal originates from the appellant, even though the letter is not hand-signed. The attached original document of the advance cost order provides sufficient security regarding the withdrawal request.
Summary of the Disposition
The proceedings were terminated due to the withdrawal of the appeal, without costs being charged.
5A_540/2024: Ruling regarding divorce and liquidation of the matrimonial property regime as well as division of pension assets
Summary of the Facts
In the divorce of a British-Tunisian couple, the liquidation of the matrimonial property regime and the division of the pension assets accumulated during the marriage are disputed before the Federal Court. The appellant contests the calculation of her assets and pension assets, particularly regarding the acknowledgment of previously accumulated wealth and consideration of her disability.
Complete summary of the ruling can be found in the Portal.
2C_197/2024: Covid-19 hardship measures and federal cost participation
Summary of the Facts
The Federal Court examines the appeal of the canton of Graubünden, which sought to obligate the federal government to participate in costs for granted Covid-19 hardship assistance (CHF 1,407,725.–) to A.________ AG. The court confirms the rejection of such cost participation by the Federal Administrative Court. The decision was relevantly based on the interpretation of Art. 1 para. 2 lit. a of the Federal Covid-19 Hardship Regulation, which excludes federal participation if a company is directly or indirectly more than 10% state-owned and a strategic interest of the state exists.
Complete summary of the ruling can be found in the Portal.
4A_173/2025: Decision regarding the withdrawal of an appeal in corporate law
Summary of the Facts
A.________ SA filed an appeal on April 7, 2025, against a ruling of the Civil Chamber of the Geneva Cantonal Court dated March 4, 2025, concerning a dispute with B.________ SA. On April 24, 2025, the appellant informed the Federal Court that she was withdrawing her appeal.
Complete summary of the ruling can be found in the Portal.
7B_242/2025: Ruling on the appeal procedure regarding the unsealing decision
Summary of the Facts
The Public Prosecutor's Office of Basel-Landschaft is conducting a criminal investigation against A.________ for theft, property damage, and trespassing. An iPhone and an iPad were seized. A.________ requested the sealing of these devices; the Public Prosecutor's Office sought their unsealing, which the coercive measures court partially granted. A.________ then filed an appeal with the Federal Court.
Complete summary of the ruling can be found in the Portal.
2C_565/2022: Decision on the question of the right to remain in Switzerland with early retirement
Summary of the Facts
The Italian citizen A.________ had held an EU/EFTA residence permit since 2006, which was extended several times. After ending her employment, she began receiving an early AHV pension and supplementary benefits in 2016. The cantonal authorities revoked her residence permit in 2019, arguing that she no longer met the requirements of the Free Movement Agreement. The cantonal administrative court overturned this decision and recognized her right to remain in Switzerland, as she met the conditions for early retirement.
Complete summary of the ruling can be found in the Portal.
2C_323/2024: Decision regarding family reunification of minors living in Ethiopia
Summary of the Facts
The appellant, an Eritrean national with a residence permit and refugee status, sought family reunification for her niece and nephew, who remained in Ethiopia without family care after the death of their grandmother. Previous applications to the State Secretariat for Migration, the Migration Office, and cantonal authorities were rejected. The children are in a difficult environment and maintain an intact family relationship with the appellant.
Complete summary of the ruling can be found in the Portal.
7B_988/2024: Decision on a request for the disqualification of three prosecutors
Summary of the Facts
A defendant (A.________) requested the disqualification of three first-instance prosecutors before the Cantonal Court of Valais, doubting their impartiality. The background was the previous order of concrete measures in the proceedings of the accused prosecutor D.________ by Prosecutor E.________, who was later removed from the proceedings due to a conflict of interest. The defendant's request was rejected by the Cantonal Court. A.________ then filed an appeal with the Federal Court.
Complete summary of the ruling can be found in the Portal.
4A_122/2025: Decision on the work contract
Summary of the Facts
The contractor A.________ carried out construction work for the company B.________ Sàrl in 2017. Invoices totaling CHF 55,659.35 were issued on July 8, 2020, but remained unpaid. B.________ Sàrl disputed the extent of the work, the calculation of prices, the quality of the services rendered, and the existence of certain billed works. The first-instance and cantonal courts denied A.________ the requested payment amount, arguing that he could not sufficiently prove the basis of his claim.
Complete summary of the ruling can be found in the Portal.
2C_312/2024: Decision on the dispute regarding intermunicipal equalization in the canton of Vaud
Summary of the Facts
The municipality of Jouxtens-Mézery contested before the Federal Court the final calculations defined by the canton of Vaud for the solidarity and fiscal contributions of the municipalities in the context of intermunicipal equalization 2022. It particularly claimed a violation of autonomy, equal treatment, and the principle of proportionality.
Complete summary of the ruling can be found in the Portal.
1C_259/2024: Decision on the appeal regarding building permit
Summary of the Facts
The construction project of the municipality of Thalwil includes the new construction of a daycare center with a lunch program as well as the design of a green outdoor area with a playground. A resident (neighbor) filed an appeal against the building permit and the associated conditions, and subsequently filed a complaint. After a partial amendment by the Administrative Court of the canton of Zurich, the appellant contested the ruling at the Federal Court and requested the complete annulment of the building permit decisions.
Complete summary of the ruling can be found in the Portal.
2C_405/2022: Ruling on the amendment I of the school contract of the secondary school St. Katharina in Wil
Summary of the Facts
A school contract from 1996 between the municipality of Wil and the St. Katharina Monastery was amended with amendment I in 2016. This provided for the transfer of the management of the public girls' secondary school to the private foundation School St. Katharina. This decision was contested as it raised legal and fundamental rights issues, particularly regarding freedom of belief and conscience as well as the prohibition of discrimination. After various instances, the case reached the Federal Court.
Complete summary of the ruling can be found in the Portal.
5A_325/2025: Restoration of the legal objection period in enforcement proceedings
Summary of the Facts
The debtor A.________ did not receive timely access to the payment order in a claim of CHF 447.90 because it was delivered to her daughter, who did not forward it due to personal difficulties. A.________ was also abroad. After the objection period expired, she requested its restoration. The Higher Court of the canton of Bern rejected the request on the grounds that the missed action was not made up for in time. A.________ filed a complaint with the Federal Court, which dealt with the case.
Complete summary of the ruling can be found in the Portal.
1C_541/2024: Inadmissibility of the appeal in building permit proceedings
Summary of the Facts
The A.________ AG filed an appeal against the ruling of the Administrative Court of the canton of Zurich dated February 10, 2022, and the decision of the President of the Building Committee Opfikon dated July 2, 2024. The appeal concerns the building permit for a new hotel as well as the renewed granting of the wastewater connection permit for the construction project. The Federal Court is particularly discussing whether the procedure can be considered completed.
Complete summary of the ruling can be found in the Portal.
9C_199/2022: Referral of an economic efficiency review and refund action in the field of health insurance
Summary of the Facts
Dr. med. A.________, specialist in general internal medicine, was ordered by the cantonal arbitration court in social insurance disputes of the canton of Bern to refund CHF 156,455.75 for the year 2019. Various health insurers had filed a refund action based on alleged inefficient treatment methods. A.________ filed an appeal with the Federal Court, and the proceedings were dismissed due to individual methodological deficiencies.
Complete summary of the ruling can be found in the Portal.
4A_638/2024: Decision regarding international sports arbitration
Summary of the Facts
A Portuguese football coach (respondent) claims compensation and outstanding remuneration from a football club (appellant) due to an allegedly unjustified immediate termination of his employment contract before the agreed contract term expired. The FIFA Player Status Commission and the TAS dealt with the case, after which the appeal was filed with the Federal Court. The appeal contended that the TAS determined the financial compensation based on Swiss law instead of solely according to FIFA regulations.
Complete summary of the ruling can be found in the Portal.
1C_450/2024: Ruling regarding the restoration of the lawful state of a building
Summary of the Facts
A.________ opposed the restoration order of the municipality of Madiswil, which aimed to reverse the unauthorized conversion of a storage shed into living space. The shed is located in an agricultural zone and was originally permitted for agricultural purposes. After a renovation, it was converted into living space without an exception permit. The lower courts confirmed the restoration order.
Complete summary of the ruling can be found in the Portal.
7B_102/2023: Ruling regarding various criminal offenses and legal questions: Traffic, animal protection, property, and legal proceedings
Summary of the Facts
A.________ was accused of serious traffic violations, violation of the right to property, violations of the Animal Protection Act, and other offenses. Conflicts with neighbors, including the operator of a horse farm, preceded this. The District Court of La Côte sentenced him to a fine and damages. The cantonal appeal instance converted the penalty into an unconditional prison sentence. A.________ ultimately contested the ruling before the Federal Court.
Complete summary of the ruling can be found in the Portal.
8C_159/2025: Decision on the admissibility of an appeal in the area of unemployment insurance
Summary of the Facts
A.________ filed an appeal with the Federal Court against a decision of the Chamber of Social Insurance of the Court of Justice of the canton of Geneva dated February 18, 2025. At the same time, a request for free legal assistance and the appointment of a lawyer was submitted. The Federal Court examined the admissibility of the submission and decided not to consider the matter according to the procedure under Art. 108 para. 1 lit. b BGG.
Complete summary of the ruling can be found in the Portal.