Latest Judgments of the Federal Court
Here you will find the most recent judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositive parts. For the other 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_85/2025: Decision on the Non-Extension of a Residence Permit and Expulsion
Summary of the Facts
The Kosovar national A.________ married a person settled in Switzerland, subsequently received a residence permit, and initially lived with his wife. However, the marriage broke down before the three-year period expired. Due to suspicion of a sham marriage and various negative factors (criminal order, dependence on social assistance, debts), the extension of the residence permit was denied. A.________ appealed unsuccessfully.
Summary of the Considerations
1. (BGE 150 II 273 E. 1) The appeal is admissible as a legal claim for a residence permit is asserted under Art. 50 AIG.
2. (BGE 145 V 215 E. 1.1) The Federal Court examines violations of federal and international law. A deviation from the findings of the lower court is only possible in cases of obvious incorrectness.
3. The lower court denied a relevant marriage community lasting three years (Art. 50 para. 1 lit. a AIG). The appellant's arguments could not demonstrate arbitrariness in the finding of facts.
4. The lower court found that important personal reasons for remaining in Switzerland (Art. 50 para. 1 lit. b AIG) were absent due to a lack of issues with reintegration in Kosovo (language skills, social contacts, medical care).
Summary of the Dispositive Part
The appeal was dismissed, the request for free legal aid was denied, and the court costs were imposed on the appellant.
5A_611/2024: Federal Court Ruling on Appeal Regarding Realization Requests and Forced Administration
Summary of the Facts
The B.________ AG initiated several enforcement actions against the A.________ AG, including an enforcement action for the realization of a mortgage (No. ttt). The A.________ AG appealed against the realization request and the forced administration, which were dismissed by the lower courts. The A.________ AG then brought the case to the Federal Court.
Summary of the Considerations
1. The civil appeal is admissible as far as it is directed against the final cantonal decision. The requests for annulment of the district court judgment are inadmissible. Only violations of federal law can be appealed (Art. 95 lit. a BGG). New facts are inadmissible unless they were only triggered by the decision of the lower court. (1.1–1.4)
2. The Federal Court examines whether inadmissible parallel enforcement actions exist for the same claim. According to current case law, this is only the case if the continuation request has already been filed or could have been filed. The lower court considered the parallel enforcement actions as not inadmissible, as the earlier enforcement No. ppp was no longer pursued in practice. This interpretation does not violate federal law. (2.1–2.3)
3. Legally relevant objections regarding payment, postponement, and maturity of the claim should have been asserted by the A.________ AG through legal objection or the procedure according to Art. 85 SchKG. The lower courts correctly decided that such objections are inadmissible in the context of the present appeal. The arguments presented by the A.________ AG merely repeat the objections from the lower court without showing how the decision itself is supposed to be contrary to federal law. (2.3)
Summary of the Dispositive Part
The appeal is dismissed, and the court costs are imposed on the appellant without party compensation.
5A_319/2025: Decision on the Recusal of a First Instance Judge
Summary of the Facts
The A.________ AG is a condominium owner and wants to convert its commercial and service premises into residential spaces. This was rejected by two other condominium owners, B.________ and C.________. The A.________ AG requested provisional measures to enforce this consent and facilitate the sale of its units. The district court did not entertain the request; the appeal before the higher court was also unsuccessful. In addition, a recusal request from the A.________ AG against the first-instance judge was rejected by the higher court. The A.________ AG then appealed to the Federal Court.
Summary of the Considerations
(1) The contested decision concerns an interim decision regarding the recusal of a judge. In the appeal procedure, the same requirements are examined as in the main matter, here concerning provisional measures with a dispute value of over CHF 30,000.--. The Federal Court considers the civil appeal as admissible. (2) The appeal can only be based on the violation of constitutional rights (Art. 98 BGG). The scope of review is therefore limited and subject to the objection principle (Art. 106 para. 2 BGG). (3) However, the appellant did not formulate a concrete legal request and did not adequately engage with the detailed considerations of the higher court. Furthermore, no violation of constitutional rights is substantiated. (4) Therefore, the appeal is obviously insufficiently substantiated, and it is not considered in a simplified procedure. (5) The court costs are imposed on the appellant.
Summary of the Dispositive Part
The appeal is not considered, and the court costs are imposed on the appellant.
5A_310/2025: Jurisdiction in Divorce Action and Free Legal Aid
Summary of the Facts
The appellant filed a divorce action according to Art. 114 ZGB in English with the Higher Court of the Canton of Zurich. The Higher Court did not entertain the action due to lack of jurisdiction and referred it to the first-instance competent district court of Meilen. The Higher Court also pointed out that submissions must be made in German. Before the Federal Court, the appellant requested a transfer to another "specialized or impartial court" as well as free legal aid.
Complete summary of the judgment can be found in the Portal.
2C_357/2024: Decision on the Order of Preventive Seizure and Quarantine of Puppy Dogs
Summary of the Facts
The appellant, a breeder of Rottweilers, was suspected of illegally importing seven puppy dogs from France or Italy. The puppies were seized by customs authorities without identification or veterinary documents and placed under preventive quarantine by the cantonal authorities. The appellant contests the measure and the associated costs.
Complete summary of the judgment can be found in the Portal.
5A_831/2024: Decision on Additional Asset Freeze and Its Requirements
Summary of the Facts
A.________, former sole shareholder and lender of C.________ AG, contested an additional asset freeze by the competent enforcement office. The dispute concerned the precision of the information related to the seizure of 300 shares of the company (shares No. 301–600). It was criticized that these were referred to as "shares" rather than correctly as "share certificates." The appeal procedure before cantonal instances led to the dismissal of the case, after which A.________ appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_379/2024: Decision on a Servitude Dispute
Summary of the Facts
The case concerns a servitude for a right of way between neighboring properties in the municipality of T.________. The servitude was registered in the land register in 1977. After the construction of one of the properties between 2018 and 2019, difficulties arose as structural modifications by the owner of the encumbered property (A.________) obstructed the access of the beneficiaries (B.B.________ and C.B.________). The lower court confirmed A.________'s obligation to remove the structural obstacles, but she filed complaints against the decision before the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_65/2025: Judgment on Multiple Unfair Competition
Summary of the Facts
The appellant operated the website "B.________-schweiz.ch" in competition with B.________ GmbH. Despite previous disputes and a settlement agreement, she was accused of unfair competitive practices, including the use of protected material from B.________ GmbH, misleading information, and offering repairs without authorization. The lower court convicted the appellant of multiple unfair competition according to Art. 23 para. 1 UWG in conjunction with Art. 3 para. 1 lit. d and e UWG.
Complete summary of the judgment can be found in the Portal.
5A_324/2025: Federal Court Judgment on Appeal Regarding Mortgage Realization
Summary of the Facts
The appellants A.________ and B.________ were enforced as part of a mortgage realization and repeatedly did not succeed before cantonal instances that dealt with various aspects of the enforcement. With a new appeal dated January 10, 2025, they objected to the nullity of the auction and requested a fundamental clarification of the practice regarding enforcement against co-owners. This appeal was also dismissed by cantonal instances. The Federal Court addressed the objections raised and also rejected them.
Complete summary of the judgment can be found in the Portal.
2C_237/2025: Inadmissibility of an Appeal Regarding Residence During Administrative Proceedings
Summary of the Facts
A.A. and B.A., Portuguese and Italian nationals, respectively, filed a complaint with the Federal Court demanding that a procedural residence in Switzerland be permitted during an ongoing administrative procedure regarding their request for reconsideration of the revocation of EU/EFTA residence permits. The appeal was directed against the rejection of such a request by the President of the Administrative Court of the Canton of St. Gallen.
Complete summary of the judgment can be found in the Portal.
5A_318/2025: Interpretive Questions on Provisional Measures in Condominium Ownership
Summary of the Facts
The A.________ AG, as a condominium owner, requested provisional measures against other condominium owners and their representatives to enable a change of use from commercial spaces to residential spaces. The District Court of Arbon did not entertain the request, and the Higher Court subsequently dismissed it. The appellant further pursued this matter before the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_214/2024: Judgment Regarding Illegal Use of Residential Space Outside the Building Zone
Summary of the Facts
The owner of plot No. 359 in Montilliez, where a riding operation is established, initially used this plot located outside the building zone according to a building permit from 2011 for a residential building with two apartments and administrative spaces. In 2021, the municipality found that an unauthorized third living space had been set up in the areas originally approved as administrative spaces of the building. The cantonal authority subsequently rejected a subsequently requested regularization and demanded the restoration of the original condition.
Complete summary of the judgment can be found in the Portal.
7B_1350/2024: Compensation Claim After Termination of a Criminal Proceedings
Summary of the Facts
A.________ requests compensation and satisfaction after the termination of a criminal proceeding against him. The lower courts rejected the compensation claims, stating that A.________ had not submitted the necessary information and evidence on time. Furthermore, the satisfaction claim was rejected on the grounds that no particularly serious violation of personality rights had been sufficiently proven.
Complete summary of the judgment can be found in the Portal.
5A_302/2025: Lack of Basis for an Appeal Regarding Change of Guardian
Summary of the Facts
The appellant opposes the change of her children's guardian, which was made by the KESB City of Zurich due to a change of position. Her submissions were rejected, first by the District Council of Zurich and then by the Higher Court of the Canton of Zurich. She then filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_315/2025: Non-Acceptance of an Appeal Regarding Enforcement Requests
Summary of the Facts
The appellant A.________ filed an enforcement request with the Bern-Mittelland enforcement office, as a claim of CHF 3,750.-- had been awarded to him. However, he could not accurately specify the debtor's residence and provided an imprecise address as well as a banking relationship with PostFinance AG. The enforcement office rejected the request as the debtor could not be found at the given address. The lower court confirmed this decision. The appellant then filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_567/2024: Judgment Regarding Review Request Related to an Accusation of Incitement to Intentional Killing
Summary of the Facts
A.________ was accused of having urged her then (ex-)boyfriend by phone on July 10/11, 2015, to kill B.________. The incident led to a scuffle in which C.________ and B.________ were injured. The previous judicial instances (Regional Court of Berner Jura-Seeland, Higher Court of the Canton of Bern) convicted A.________ of incitement to simple or attempted intentional killing and rejected a subsequent review request. A.________ brought the decision before the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_197/2025: Decision on Bankruptcy Opening and Free Legal Aid
Summary of the Facts
The appellant requested the opening of bankruptcy at the Regional Court as well as several ancillary requests, including free legal aid. The Regional Court dismissed all requests. The Higher Court of the Canton of Bern confirmed this decision, partially did not consider the appeal, and denied free legal aid due to hopelessness. The appellant then filed an appeal with the Federal Court, which also dismissed both the bankruptcy opening and the request for free legal aid.
Complete summary of the judgment can be found in the Portal.
2C_581/2024: Decision on the Extension of a Residence Permit and Expulsion from Switzerland
Summary of the Facts
The appellant, a US citizen, married a French national with settlement permission in Switzerland in 2017 and obtained a residence permit for family reunification. After the couple separated in June 2019 and divorced in September 2020, the cantonal authority denied the extension of his residence permit in 2023 and ordered his expulsion from Switzerland. He unsuccessfully challenged this decision before cantonal instances and subsequently before the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_138/2025: Inadmissibility of an Appeal Against a Non-Commencement Order
Summary of the Facts
The appellant, A.________, appealed against the order of the regional public prosecutor's office Berner Jura-Seeland, which did not commence a criminal investigation against unknown perpetrators and employees of the Cantonal Police of Bern. The Higher Court of the Canton of Bern rejected his submissions due to late filing and insufficient justification and denied him free legal aid. The appellant then turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_111/2025: Judgment on the Calculation of Disability Degree in Disability Insurance
Summary of the Facts
The insured A.________ was recognized by the Office for Disability Insurance of the Canton of Geneva on November 24, 2021, with a quarter pension claim effective from January 1, 2020. After an appeal and a psychiatric evaluation, the claim was extended by the cantonal judiciary to a full disability pension from January 1, 2020, without time limitation. The Office for Disability Insurance then appealed to the Federal Court, requesting a reduction of the pension to 68% of a full pension for the period from April 1, 2022, to December 31, 2023, due to an adjusted disability degree.
Complete summary of the judgment can be found in the Portal.
7B_1349/2024: Compensation Claims After Termination of a Criminal Proceedings
Summary of the Facts
The Economic Criminal Court of the Canton of Fribourg terminated the criminal proceedings against A.________ for various offenses, some of which were resolved due to the statute of limitations and others by acquittal. A.________ requested compensation and satisfaction, which was denied by the court. After an appeal, the Cantonal Court of Fribourg confirmed the rejection of the compensation claims but changed the cost regulation in favor of the Canton of Fribourg. A.________ filed a complaint in criminal matters with the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_220/2025: Admissibility of an Appeal in Unemployment Insurance Law
Summary of the Facts
The appellant A.________ filed an appeal against a judgment of the Administrative Court of the Canton of Bern, which had rejected his claim for unemployment benefits. The rejection was based on the finding that no sufficient contribution period (according to Art. 8 para. 1 lit. e in conjunction with Art. 13 para. 1 AVIG) could be proven. A.________ reiterated claims previously made in the cantonal proceedings.
Complete summary of the judgment can be found in the Portal.
5A_320/2025: Decision on the Suspension of a Divorce Proceedings
Summary of the Facts
The appellant and the respondent are in divorce proceedings before the District Court of Horgen. The appellant requested the suspension of the proceedings, among other reasons due to a recusal request against the first-instance judge and a criminal complaint against the respondent. The district court rejected the suspension request. The Higher Court of the Canton of Zurich did not entertain the appeal against this due to the failure to demonstrate an irreparable disadvantage. The appellant filed a civil appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_661/2023: Judgment on Estate Division
Summary of the Facts
An estate division dispute between the sons A.________ and B.________ of the deceased C.________ and D.________ is being fought before the Federal Court. Points of contention include the allocation of properties, compensation payments, unlawful withdrawals, and claims such as remuneration for work. Lower courts have already ruled, after which both parties appeal to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_180/2025: Decision on the Admissibility of an Appeal in Disability Insurance
Summary of the Facts
The appellant A.________ challenged a decision of the Cour de justice of the Canton of Geneva before the Federal Court, which partially addressed his claim for a disability pension and referred the matter back to the cantonal office for disability insurance for further clarification. A.________ particularly objected that a direct decision on his pension claim from a certain point in time was not made.
Complete summary of the judgment can be found in the Portal.
5A_323/2025: Inadmissibility of an Appeal Due to Lack of Advance Payment of Costs
Summary of the Facts
A.________ filed an appeal against the decision of the KESB Lucerne dated February 4, 2025, regarding the acceptance of the final report and the final accounts. The Cantonal Court of Lucerne did not consider the appeal due to non-timely payment of the advance costs with a decision dated April 4, 2025. In a submission dated April 29, 2025, A.________ turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_312/2025: Judgment on Protective Placement and Assessment in Child and Adult Protection
Summary of the Facts
A.________ was, on February 10, 2025, placed in protective custody at the U.________ psychiatric center with medical referral. The KESB Emmental ordered an inpatient assessment and had an expert opinion prepared. After its submission, the KESB decided on March 21, 2025, to place the appellant in the University Psychiatric Services under protective measures. A.________ appealed against this decision, which was rejected by the Higher Court of the Canton of Bern on April 9, 2025. A.________ filed a complaint with the Federal Court on April 22, 2025.
Complete summary of the judgment can be found in the Portal.