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 dispositives. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your legal fields.
8C_134/2025: Decision on the topic of Aide sociale (Inadmissibility due to insufficient reasoning)
Summary of the Facts
The appellant A.________ challenged a decision of the Service de protection des mineurs (SPMi) that provided for a financial contribution of 31.55 CHF per day for the placement of her children. The cantonal courts rejected the appeal. The Federal Court had to decide on the admissibility of the appeal filed by the appellant.
Summary of the Considerations
(1) The SPMi determined the appellant's contribution to the placement costs of her children. (2) The cantonal instance dismissed the appeal on the merits, partly due to lack of reasoning. (3) The appellant filed an appeal before the Federal Court on March 3, 2025, and submitted a supplement on April 10, 2025. (4) The Federal Court examines the admissibility of appeals ex officio. Insufficient reasoning leads to non-treatment (Art. 108 para. 1 lit. b LTF). (5) The supplement to the appeal submitted on April 10, 2025, was submitted after the deadline and is therefore late. (6) The reasoning must precisely show how the contested decision violated the law. The appellant did not meet these requirements. (7) The appeal is not sufficiently reasoned. There is a lack of arguments regarding the specific allegations against the contested cantonal decision. (8) The appeal is declared inadmissible and handled in a simplified procedure. (9) Exceptionally, the imposition of court costs is waived.
Summary of the Dispositive
The appeal was declared inadmissible, and no court costs were imposed.
4A_441/2024: Ruling regarding the right to play contract and termination for important reasons
Summary of the Facts
The operating company A.________ AG operates a golf course and has entered into a right to play contract with B.________, a member of the golf club C.________, which can be unilaterally extended or terminated until April 2058. The operating company has repeatedly attempted to terminate the contract without notice and issued a house and course ban to the plaintiff, which was contested by the plaintiff. The plaintiff demands the fulfillment of the contract and access to all golf facilities, regardless of the terminations.
Summary of the Considerations
(1) The Federal Court applies the law ex officio and only examines the factual findings of the lower court for obvious errors or legal violations. The lower court did not consider the factual criticism of the appellant regarding alleged bullying allegations to be legally relevant and did not conduct any evidence collection.
(2) It is established that the allegations of the operating company against the plaintiff (bullying) are not comparable to classic bullying cases. The plaintiff is not an employee but a contractual partner and shareholder; therefore, different legal rules apply to the alleged conflict with the managing director of A.________ AG.
(2.3) The termination of the contract due to the alleged personal infringements of the managing director was deemed unsuitable by the Federal Court to fulfill the alleged duty of protection. Other measures, such as judicial enforcement of club discipline or action under Art. 28a ZGB, were mentioned as possible and appropriate alternatives.
(2.6) According to the right to play contract and cooperation agreement, the operating company could have demanded disciplinary measures against the plaintiff. This would have allowed for a coordinated solution that effectively ensures the protection of its managing director, which cannot be achieved by terminating the contract.
(2.7) The Federal Court is of the opinion that the cantonal courts rightly saw no important reason for the termination of the contract, as they did not exclude other possibilities for the protection of the managing director as unreasonable.
Summary of the Dispositive
The appeal was dismissed, and court costs as well as compensation were imposed.
4A_581/2024: Decision regarding sick pay benefits
Summary of the Facts
The appellant (A.________) was collectively insured for sick pay with the respondent (B.________ AG). After the termination of her employment at the end of February 2021 and certified full incapacity for work from the end of January 2021, she applied to the insurance for sick pay. The insurance reduced her benefits after the termination of the employment according to the maximum amounts as per AVIG and finally discontinued them at the end of July 2022. The insurance court of the canton of Aargau dismissed the claim for payment of CHF 30,000.-- in sick pay. The lower instance denied the overwhelming probability that the appellant would have continued to be employed without illness. The appellant subsequently appealed to the Federal Court.
Summary of the Considerations
1. The prerequisites for the merits of the case are fulfilled, and the appeal can be examined in the main application. (E. 1)
2.-3. The Federal Court applies the law ex officio but only examines the established facts of the lower court for arbitrariness and obvious legal violations. (E. 2-3)
4.-6. The lower court correctly examined that the termination of the appellant's employment was already issued before her certified incapacity for work occurred and thus the factual presumption according to case law does not apply. Further documents regarding the first signs of the illness were not decisive, as the presumption only applies to an unresigned position. (E. 4-6)
7. The lower court assessed the job application efforts and the presented indications regarding alleged employment in the health case and rightly concluded that no sufficient proof was provided that the appellant could have engaged in a similar employment with comparable income. The anticipated assessment of the evidence regarding the offered proofs was also not arbitrary. The lower court followed a clear and federal legal application. (E. 7)
Summary of the Dispositive
The appeal is dismissed, and court costs are imposed. No party compensation is granted.
8C_690/2024: Decision regarding accident insurance and causal connection
Summary of the Facts
The appellant, A.________, was insured against accidents with Suva and reported knee complaints following two incidents, a fall in 1998 and a misstep in 2018. Suva discontinued its benefits for the knee complaints as of the decisive date. The appellant initially lodged an objection, later appealed to the cantonal administrative court, and finally appealed to the Federal Court, as he considered the discontinuation of the benefits to be contrary to federal law and demanded further medical clarification.
Complete summary of the judgment can be found in the portal.
6B_217/2025: Ruling regarding opposition to a penal order
Summary of the Facts
A.________ filed an objection on October 11, 2024, against a penal order issued by the Geneva public prosecutor on October 11, 2022. The penal order was sent by registered mail to the address provided by A.________ but was not collected. Therefore, the objection was deemed inadmissible due to missed deadlines. The lower courts rejected A.________'s appeals and confirmed the inadmissibility.
Complete summary of the judgment can be found in the portal.
1C_137/2025: Assessment of an appeal regarding a request for the submission of a belated building application
Summary of the Facts
A.________ was requested by the municipality of Ermatingen to submit a belated building application for structural extensions of a standard garage. After several extensions of the deadline and rejection of his objections by the municipality and the Department of Construction and Environment of the canton of Thurgau, he turned to the administrative court of the canton of Thurgau. This court partially did not consider the appeal and dismissed it in other parts. A.________ subsequently appealed to the Federal Court in matters of public law.
Complete summary of the judgment can be found in the portal.
5A_440/2024: Assessment of the subordination of loan claims in bankruptcy proceedings
Summary of the Facts
The F.________ AG construction company was supported by related parties (including shareholders and board members of the company) with loans, although it was in a precarious financial situation. After the opening of bankruptcy proceedings in 2018, the corresponding claims were partially treated as subordinated (third rank with subordination). The affected creditors filed a lawsuit against the bankruptcy estate to achieve the ranking of their claims without subordination in the third class. The cantonal instances largely confirmed the subordination. The Federal Court dealt with the legal question and the assessment of the facts.
Complete summary of the judgment can be found in the portal.
4A_17/2025: Ruling regarding trademark protection
Summary of the Facts
The parties dispute the use of the sign "Lemania" in connection with services in the field of finance, retirement, and asset management. The plaintiffs, who are holders of various trademarks containing the term "Lemania," demand the removal of the term from the company's name and advertising of the defendants. The defendants, in turn, contest the protectability of the trademark, arguing that it is a geographical indication of origin that cannot claim trademark protection.
Complete summary of the judgment can be found in the portal.
4A_662/2024: Ruling on excess hours and labor law
Summary of the Facts
The appellant, an agricultural employee with a workload of 65%, demanded compensation for 2572 excess hours (Art. 321c OR) for the period from November 2015 to the end of 2019. After her dismissal in 2020, she filed a lawsuit. The first instance court partially granted the lawsuit, while the cantonal appellate instance revoked the decision regarding the compensation for excess hours.
Complete summary of the judgment can be found in the portal.
7B_305/2025: Obvious inadmissibility of a right of appeal in criminal matters
Summary of the Facts
A.________ filed a criminal complaint on June 6, 2024, with the Geneva public prosecutor regarding defamation and slander against a doctor. The public prosecutor issued a decision not to initiate proceedings. The appeal against this decision was rejected by the Geneva Criminal Chamber on February 28, 2025. A.________ then filed a complaint with the Federal Court on April 2, 2025, and also requested free legal assistance.
Complete summary of the judgment can be found in the portal.
9C_161/2025: Ruling on health insurance law (Non-admission of appeal)
Summary of the Facts
The appellant, A.________, filed an appeal against a judgment of the Social Insurance Court of the canton of Zurich dated January 17, 2025. The dispute concerned issues related to health insurance, including the recognition of an institution founded by the appellant as a health insurance company according to the law and possible irregularities in the signing of the judgment by the lower court.
Complete summary of the judgment can be found in the portal.
7B_687/2023: Ruling on gross violation of traffic rules and arbitrary assessment of evidence
Summary of the Facts
On October 28, 2019, A.________ drove in the Swisshalle tunnel at Muttenz at a speed of 97 km/h and with a distance of 12 meters (0.44 seconds) to the vehicle in front, which the public prosecutor of Basel-Landschaft assessed as a gross violation of traffic rules (Art. 90 para. 2 SVG). The criminal court president convicted him to a conditional fine and a penalty; the cantonal court intensified these sanctions. In his appeal to the Federal Court, A.________ requested an acquittal or a conviction for a simple traffic rule violation (Art. 90 para. 1 SVG).
Complete summary of the judgment can be found in the portal.
2C_166/2023: Ruling on the cost coverage for attending a private school
Summary of the Facts
The appellant, a minor child with ADHD and giftedness, was unilaterally transferred by his parents from a public school in U.________ to a private day school in W.________. The dispute concerns whether the canton of Fribourg is obliged to cover the costs of this private school or to ensure schooling in a special school for the gifted.
Complete summary of the judgment can be found in the portal.
6B_670/2024: Decision regarding an illegal benefit from social insurance and expulsion
Summary of the Facts
A.________, a French citizen residing in Switzerland, was convicted by the district court of Ost-Waadt for the unlawful receipt of unemployment benefits for the period from October 2017 to January 2018. He had worked abroad during this time without reporting it to the competent authority. The amount received was CHF 6,304.15, with a partial repayment made. The penalty included a fine of 60 daily rates of CHF 30 with a two-year probation period and a five-year expulsion. The decision was confirmed in the appeal as well as by the Federal Court.
Complete summary of the judgment can be found in the portal.
4A_622/2023: Decision on the provisional enforcement request
Summary of the Facts
The bank B.________ SA granted A.________ and his deceased wife C.________ a mortgage loan of CHF 370,000.-- for the financing of a property purchase in 2006. From 2017, a legal dispute arose regarding the termination of the loan and the amounts owed. After various instance decisions and a partial enforcement by the cantonal court, A.________ filed an appeal with the Federal Court. The Federal Court had to assess the admissibility and effects of the loan termination.
Complete summary of the judgment can be found in the portal.
9C_242/2022: Ruling on occupational pension and responsibility in the administration of a foundation
Summary of the Facts
The ruling concerns the liability of Banque Cantonale Vaudoise (BCV) and members of the board of a pension foundation that was in financial difficulties and ultimately went into liquidation. The Fonds de garantie LPP filed a lawsuit to claim damages for the insolvency of the foundation. Furthermore, claims were made against the BCV, whose mandates included investment advice and administrative support for the foundation.
Complete summary of the judgment can be found in the portal.
2C_545/2024: Decision of the Federal Court regarding the revocation of an EU/EFTA residence permit
Summary of the Facts
The Kosovo national A.________ married a Swedish citizen in 2021 and subsequently received an EU/EFTA residence permit. After less than two months, she separated from her husband citing domestic violence. The migration office of the canton of Zurich revoked her residence permit in 2023 and expelled her from Switzerland; these decisions were confirmed by the cantonal instances.
Complete summary of the judgment can be found in the portal.
1C_563/2024: Ruling on the construction of a mobile phone antenna in Eschenbach SG
Summary of the Facts
Swisscom planned the construction of a mobile phone facility with a 25-meter high mast and non-adaptive antennas on its own plot in Eschenbach SG. The municipality raised no objections to the location and issued a building permit. Neighbors filed objections but failed in all cantonal legal remedies. They complained about the municipality's actions, particularly regarding an agreement between the association of St. Gallen municipal presidents and mobile network operators regarding site evaluation.
Complete summary of the judgment can be found in the portal.
6B_9/2024: Validity of a penal order in case of formal defects
Summary of the Facts
The appellant was convicted by a penal order dated July 21, 2021, for violating traffic rules and not carrying a vehicle license according to SVG with a fine of CHF 120.--. The penal order had a formal defect as it was only stamped with a facsimile and not personally signed. After the objection, the public prosecutor sent a handwritten copy of the penal order on July 11, 2022. The subsequent instances deemed the correction sufficient, which the appellant contested.
Complete summary of the judgment can be found in the portal.
9C_410/2023: Ruling on the road and parking regulations of the corporation - Alpine cooperative Kerns
Summary of the Facts
The ruling addresses the appeal of a co-owner of a holiday property at Melchsee-Frutt against the road and parking regulations of the corporation - Alpine cooperative Kerns. This regulation governs the use and fees for the road Stöckalp-Melchsee-Frutt-Tannen as well as for public parking spaces and onward travel from the parking lot Dämpfelsmatt. The appellant complains, among other things, about violations of the fee regulations, the principle of equality, and the legality principle.
Complete summary of the judgment can be found in the portal.
4A_554/2024: Decision on the work contract and additional services in the construction industry
Summary of the Facts
The A.________ AG as the general contractor and the Swiss Federal Railways SBB disputed additional payments related to ancillary work during the shell construction of the Europaallee access, based on a work contract. A.________ AG claimed compensation for various additional works, while the SBB dismissed the lawsuit, arguing that the agreements of the fixed price were adhered to. The commercial court of the canton of Zurich fully rejected the lawsuit, which A.________ AG appealed to the Federal Court. The Federal Court partially overturned the ruling and referred the matter back to the lower instance for reassessment of the default interest claim.
Complete summary of the judgment can be found in the portal.
1C_162/2025: Decision on the admissibility of an appeal against an interim decision regarding a belated building permit
Summary of the Facts
The A.________ AG was requested by the building inspector of the city of Winterthur to submit a belated building application for structural changes such as the removal of green spaces and their conversion into parking spaces as well as the construction of an outdoor ramp. The appellant filed several legal remedies against this decision. The building inspection authority and the cantonal courts dealt with the various points of the challenge, with the outdoor ramp being removed from the requirements last. Before the Federal Court, A.________ AG requested the annulment of the decision regarding the green spaces.
Complete summary of the judgment can be found in the portal.
1C_464/2024: Decision regarding free legal assistance in the proceedings for the revocation of a driver's license
Summary of the Facts
A.________ was subjected to a three-month revocation of his driver's license for driving under the influence (Art. 16c para. 1 lit. b, para. 2 lit. a, and Art. 16 para. 3 SVG). He requested free legal assistance from the cantonal appeals commission, which was rejected on the grounds that his appeal was hopeless. He then appealed to the Federal Court, arguing that there was no final judgment against him and that the calculation of the breath alcohol concentration should be included in the criminal proceedings.
Complete summary of the judgment can be found in the portal.
8C_507/2024: Recovery of unlawfully received unemployment compensation and waiver review
Summary of the Facts
The respondent A.________, who was 80% disabled, received unemployment compensation, which was calculated based on a placement rate of 85%. After a final rejection of her disability insurance request by the disability insurance office Basel-Landschaft, it was determined that the unemployment compensation she received from December 2021 to May 2022 was unlawful. The public unemployment insurance fund of the canton of Basel-Landschaft demanded the repayment of CHF 17,757.30. The KIGA rejected the waiver of the repayment due to lack of good faith. The lower instance affirmed the good faith of the respondent and referred the matter back to the KIGA for further review.
Complete summary of the judgment can be found in the portal.
9C_16/2025: Claim for an invalidity pension – Referral for further clarification of the facts
Summary of the Facts
A.________ applied for disability insurance benefits starting in March 2019. After extensive medical clarifications and treatments, including a psychiatric assessment and a multidisciplinary assessment, the disability insurance office refused the claim for an invalidity pension due to a work incapacity of less than 40%. The insured filed an appeal, which was dismissed by the social insurance court. Before the Federal Court, she requested the full invalidity pension from March 2020.
Complete summary of the judgment can be found in the portal.
5A_655/2024: Measures to protect the marital community
Summary of the Facts
The decision concerns a couple disputing the custody and maintenance of their common child after both were separated. The court granted the father sole custody of the child and only provided the mother with visitation rights. The mother appealed, arguing that her relationship with the child and her psychological care warranted a different arrangement. Based on a comprehensive expert report and various reports emphasizing the insufficient parental competence of the mother and conflicts, the Federal Court confirmed the decision of the lower instance.
Complete summary of the judgment can be found in the portal.
7B_232/2025: Ruling on non-prosecution proceedings in the canton of Valais
Summary of the Facts
The appellant wanted to initiate a criminal proceeding due to a relationship conflict, which the public prosecutor's office of the canton of Valais did not take up with a decision dated January 24, 2025. After various submissions and subsequent appeals, the cantonal court of Valais did not consider the submissions on March 7, 2025. The appellant filed a complaint against this decision in criminal matters with the Federal Court.
Complete summary of the judgment can be found in the portal.