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.
4A_589/2024: Judgment in a civil dispute over the purchase of a tractor
Summary of the Facts
The appellant demanded the return of an allegedly purchased tractor from the estate of the deceased or the reimbursement of the alleged purchase price of CHF 50,000.–. The deceased was a collector of old tractors. The alleged purchase contract and the transfer of money were not considered proven by the Federal Court due to a lack of evidence and contradictions.
Summary of the Considerations
1. (E. 1) Formal requirements for the appeal are met.
2. (E. 2) The Federal Court reviews the contested judgment for legal violations but reserves a strict assessment of the factual challenge.
3. (E. 3)
- 3.1. (E. 3.1.1) According to Art. 8 of the Swiss Civil Code (ZGB), the appellant bears the burden of proof for the conclusion of the alleged purchase contract.
- 3.1.2 An exception from the strict burden of proof requires a lack of evidence, which is not present.
- 3.2. (E. 3.2.1 to E. 3.2.3) The appellant could neither prove the conclusion of the contract nor the transfer of CHF 50,000.–. The evidence presented by him contained significant contradictions (e.g. witness statements). The Federal Court followed the lower court, which determined that there was no preponderance of probability for the conclusion of the contract.
- 3.3. (E. 3.3.1 to E. 3.3.3) The appellant's criticism of the lower court's assessment of evidence is unfounded. The conclusions of the lower court are coherent and comprehensible.
4. (E. 4) The appeal is unfounded.
Summary of the Dispositive Part
The appeal was dismissed, court costs were imposed, and compensation to the opposing party was established.
7B_142/2025: No admission of the appeal against a police summons
Summary of the Facts
A.________ is being prosecuted by the public prosecutor's office in Frauenfeld for property damage and trespassing. The cantonal police of Thurgau summoned him for questioning as a suspect. A.________ refused to comply with this summons and filed an appeal with the High Court of the Canton of Thurgau, which was not addressed by the lower court due to a lack of specific requests and absence of current legal interest.
Summary of the Considerations
(1) A.________ made a lengthy submission in response to the summons, which did not contain clear requests for appeal. The lower court set a deadline for improving the submission, which was not utilized, so the appeal was not considered.
(2) The lower court further argued that the appellant's legal interest had lapsed due to the expiration of the date of the questioning.
(3) The Federal Court states that submissions to the Federal Court must meet the requirements for a statement of appeal according to Art. 42 para. 2 of the Federal Supreme Court Act (BGG). General criticism and extensive submissions that do not address the legal considerations of the lower court are not sufficient.
(4) A.________ does not specifically address the considerations of the lower court in any of his submissions but raises irrelevant and excessive accusations that lie outside the subject matter of the dispute. The appeal is obviously insufficiently substantiated.
(5) For these reasons, the Federal Court does not consider the appeal.
Summary of the Dispositive Part
The appeal is not admitted, and the court costs are imposed on the appellant.
5A_10/2025: Challenge to the inventory and assignment decisions in the context of a bankruptcy liquidation
Summary of the Facts
The judgment concerns a bankruptcy dispute regarding the correction of an inventory and the assignment of claims in the course of the liquidation of the estate of F.________, who passed away in 2020, by the bankruptcy office of the district of La Côte. At the center is a disputed claim against the company B.________ Sàrl, which was initially abandoned by the bankruptcy office but later included in the inventory and offered to creditors for assignment.
Summary of the Considerations
(1) The Federal Court notes that the legal remedy is open, as it is a conclusive cantonal decision in matters of debt collection and bankruptcy law.
(2) The court emphasizes that the appeal can be based on a violation of federal law, but it only examines specific and sufficiently substantiated complaints.
(3) The court confirms that the bankruptcy office was obliged to correct the inventory and list the disputed claim upon an appeal since its abandonment was not timely and properly approved by the creditors.
(4) The Federal Court dismisses the allegation of a violation of the right to be heard, as the bankruptcy office took into account the arguments of the appellants and correctly addressed the issue in dispute.
(5) Regarding the allegation of unlawful abandonment of the claim, the court states that there are no indications that this was done correctly. The presentation to the creditors was legally mandatory in this case.
(6) The objection of a violation of the principle of good faith is dismissed, as the bankruptcy office did not make decisions that would violate its assurances. The rule for protection of trust cannot justify illegal changes to the inventory.
(7) The claim of the appellants for a change to the inventory or the annulment of the assignment decisions is fully dismissed.
Summary of the Dispositive Part
The appeal is dismissed, and the court costs are imposed on the appellants. No compensation is awarded.
5A_316/2025: Decision on the relocation of a child protection procedure abroad
Summary of the Facts
The appellant, father of the child B.________, requests the Federal Court to relocate the ongoing child protection procedure to Portugal and the return of the child there. He cites reasons such as potential discrimination at school, situation of need, and better living conditions in Portugal. The lower courts rejected his appeals, pointing to investigations and measures that had been carried out.
Complete summary of the judgment can be found in the Portal.
1C_301/2024: Judgment on the contentious extension of a deadline in a land use planning
Summary of the Facts
The appellant A.________ contests the revision of § 9a of the building and land use regulations (BNO) of the municipality of Freienwil, which provides for an extension of the deadline for the realization of a use within the special zone "Bücklihof" to September 25, 2025. He argues that the original deadline has already expired and the special zone is therefore invalid. The cantonal authorities partially rejected his appeals due to formal deficiencies and denied the invalidity of the planning decision.
Complete summary of the judgment can be found in the Portal.
9C_558/2024: Judgment on the tax jurisdiction over a legal entity
Summary of the Facts
The A.________ AG is a holding company registered in the Canton of Zug. The tax office of Zurich suspected, based on the residence of the members of the board of directors in W.________ (Canton of Zurich), a factual administration in the Canton of Zurich and initiated a procedure to clarify the tax jurisdiction. An inter-cantonal double taxation was the subject of the legal dispute. The status of the actual administration and the assessment of the tax liability of the company were disputed.
Complete summary of the judgment can be found in the Portal.
2F_9/2025: Judgment on a request for revision regarding network usage rates
Summary of the Facts
The A.________ AG submitted requests to the Federal Electricity Commission (ElCom) to review the network usage rates of B.________ AG for the years 2009 to 2016. ElCom and the Federal Administrative Court declared the rates lawful. The Federal Court confirmed these decisions on February 5, 2025. With a request for revision dated April 4, 2025, A.________ AG demanded a new review of this judgment, citing allegedly unconsidered facts.
Complete summary of the judgment can be found in the Portal.
5A_321/2025: Decision on the suspension of an enforcement action
Summary of the Facts
A.________ received a payment order for CHF 97,613.25, issued by the State of Valais in an enforcement action. He filed a complete objection and requested the cancellation of the enforcement according to Art. 85a of the Federal Act on Debt Collection and Bankruptcy (SchKG) before the competent district court. The lawsuit was dismissed, after which the State of Valais requested a definitive legal opening. The legal opening was granted, and A.________ filed an appeal against the decision again. After the issuance of a payment order, A.________ requested the suspension of the enforcement, which was denied by the Cantonal Court of Valais.
Complete summary of the judgment can be found in the Portal.
4A_62/2025: Decision on a civil appeal concerning a motion for recusal
Summary of the Facts
In a tenancy dispute between A.________ AG (appellant) and B.________ AG (other party), the appellant requested the recusal of District Judge Patrik Wüest (respondent) due to a preliminary assessment of the legal situation. The District Court of Kriens and the Cantonal Court of Lucerne rejected the request, as there was no appearance of bias. The appellant then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_294/2025: Federal Court ruling on the calculation of minimum existence in enforcement law
Summary of the Facts
The Federal Court assesses an appeal against the decision of the supervisory authority for debt collection and bankruptcy Basel-Landschaft of March 25, 2025, concerning the amount of the minimum existence under enforcement law. The appellant complains about the non-consideration of his actual rent costs as well as other personal and family expenses.
Complete summary of the judgment can be found in the Portal.
7B_311/2025: Substantive review of the admissibility of a criminal appeal
Summary of the Facts
A.________ filed a criminal complaint against C.________ and lawyer D.________ for defamation, slander, and insult. The Ministry of the Canton of Ticino issued a decision on "non-admission," which was confirmed by the appellate court of the Canton. A.________ appealed this decision to the Federal Court and requested the annulment of the cantonal decisions and the initiation of an investigation. The Federal Court examined the admissibility of the appeal.
Complete summary of the judgment can be found in the Portal.
1C_204/2024: Inadmissibility of an appeal in public law proceedings
Summary of the Facts
The appellant A.________ challenged the building permit for an air/water heat pump on the neighboring parcel of B.C.________ and D.C.________ before several instances up to the Federal Court. The concerns he raised included planning deficiencies, statements of value in dispute, and procedural costs.
Complete summary of the judgment can be found in the Portal.
2C_175/2024: Sanctioning a casino in the online gaming sector by the Federal Gaming Commission
Summary of the Facts
The A.________ AG, a licensed operator of a casino and an online gaming platform, was fined 1,799,465 CHF by the Federal Gaming Commission (ESBK). Among other things, violations of social protection obligations, money laundering regulations, as well as technical and organizational breaches were cited. A.________ AG partially successfully challenged the decision of the ESBK before the Federal Administrative Court, which largely confirmed the sanction. With an appeal to the Federal Court, A.________ AG requested a reduction of the sanction.
Complete summary of the judgment can be found in the Portal.
8C_566/2024: Judgment on disability pension
Summary of the Facts
The appellant A.________ first applied for benefits from the disability insurance in 2005 but received several negative decisions, some of which were overturned by courts and led to further investigations. After a new application in 2019 and extensive medical assessments, the IV office in 2023 maintained its assessment of 80% work capacity in adapted employment, which does not justify a disability pension. However, the Social Insurance Court of the Canton of Zurich granted a partial and later a full disability pension for a specific period.
Complete summary of the judgment can be found in the Portal.
5A_278/2025: Inadmissibility of the appeal against the valuation of a property by the enforcement office
Summary of the Facts
The appellants, a married couple and co-owners of a property, filed an appeal against the valuation of the property by the enforcement office in the context of enforcement actions. After the cantonal instance dismissed the appeal, they turned to the Federal Court. The Federal Court's determination of exceeding the appeal deadline led to the inadmissibility of the appeal.
Complete summary of the judgment can be found in the Portal.
7B_210/2025: No admission of the appeal
Summary of the Facts
A.________ was sentenced by the District Court of Solothurn-Lebern on October 29, 2024, to ten months of imprisonment for multiple breaches of probation. Additionally, it was ordered that he remains in preventive detention. This detention was extended by the High Court of the Canton of Solothurn on February 24, 2025, until April 22, 2025, due to a presumed flight risk. A.________ filed an appeal to the Federal Court on March 4, 2025, requesting free legal assistance.
Complete summary of the judgment can be found in the Portal.
4A_282/2024: Question of the admissibility of evidence and quality for filing a lawsuit in proceedings according to Art. 260 SchKG
Summary of the Facts
B.________ sued A.________ under Art. 260 SchKG for payment of CHF 100,000, which allegedly belonged to the bankruptcy estate of C.________ SA. B.________ had submitted a cession form that was incomplete (lacking the back with the date and signature of the bankruptcy administration). The cantonal judge later declared the lawsuit admissible, as he believed that the first instance judge should have requested B.________ to complete the form. A.________ appealed this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_1215/2024: Decision on the seizure of data and DNA profiling in a criminal investigation
Summary of the Facts
A.________, a French citizen with a residence permit B, is accused of having committed sexual acts against the respondent B.________. In the context of the criminal investigation, the cantonal prosecutor ordered the seizure of data and DNA matching. A.________ opposed the seizure of photographs and fingerprints but accepted the collection of DNA for evidentiary purposes. The Criminal Appeals Chamber of the Canton of Vaud partially confirmed the rejection, after which the prosecutor appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
5A_198/2025: Judgment on the opening of insolvency without prior enforcement
Summary of the Facts
B.________ requested the bankruptcy liquidation of A.________ Sàrl without prior enforcement according to Art. 190 para. 1 no. 2 SchKG. The first instance court and the cantonal appellate authority confirmed the opening of the bankruptcy proceedings. A.________ Sàrl challenged the cantonal decision before the Federal Court and requested its annulment, arguing that its own solvency had been credibly demonstrated. The Federal Court examined the arguments presented.
Complete summary of the judgment can be found in the Portal.
9C_422/2024: Judgment on the issue of tax residence and inter-cantonal double taxation
Summary of the Facts
The A.________ AG, an asset consulting and asset management company, was registered in the Canton of Obwalden in 2020. However, the tax office of the Canton of Zurich assessed the company as fully taxable in the Canton of Zurich, as the actual administration was presumed to be in the Canton of Zurich. The tax administration of the Canton of Obwalden had already imposed limited tax liability. The case involved the tax periods 2020 and the question of the permissibility of inter-cantonal double taxation.
Complete summary of the judgment can be found in the Portal.
4A_324/2024: Decision on the admissibility of a legal remedy in a case of evidence and alleged damage
Summary of the Facts
The appellants, A.________ and the B.________ Foundation, seek damages from the respondents C.________, D.________ SA, and E.________ SA due to alleged violations of asset management mandates in a main procedure. To support their claim for damages, the appellants requested measures in July 2023 to obtain documents from third parties (banks). These documents concern transactions from 2008. The cantonal court rejected the requests and declared the legal remedy against this decision as inadmissible.
Complete summary of the judgment can be found in the Portal.
7F_5/2025: Decision on requests for revision concerning judgments from December 2024
Summary of the Facts
The applicant A.________ requested a revision of two Federal Court decisions from December 16, 2024 (case 7F_67/2024) and December 9, 2024 (case 7B_1179/2024). The justification for the requests was identical. These were consolidated by the Federal Court and addressed in a decision.
Complete summary of the judgment can be found in the Portal.
2C_442/2023: Sanctioning public price recommendations for off-list drugs
Summary of the Facts
The A.________ AG markets the drug Viagra. Together with other manufacturers, it published public price recommendations (PPE), which were qualified as an unlawful competition agreement. The Competition Commission (WEKO) imposed a sanction of CHF 2,860,174 in 2009, which was confirmed through several legal proceedings. The subject of the dispute was ultimately the assessment of the sanction.
Complete summary of the judgment can be found in the Portal.
7B_275/2025: Inadmissibility of a criminal appeal procedure
Summary of the Facts
The appellant filed an appeal with the Federal Court against a decision of the cantonal criminal chamber, which confirmed the non-admission of his criminal complaint. The main reason was the lack of timely signature of the criminal complaint by the appellant.
Complete summary of the judgment can be found in the Portal.
9C_498/2024: Dispute regarding the payment of health insurance premiums and cost-sharing
Summary of the Facts
The appellant A.________, former resident of the Canton of Vaud, owes her health insurance Assura-Basis SA premiums and cost-sharing from the years 2018 and 2019. After several reminders and payment orders, Assura definitively lifted the objection against the enforceable claims. The cantonal instance confirmed these decisions. The appellant filed an appeal with the Federal Court and requested the annulment of these decisions and payment orders.
Complete summary of the judgment can be found in the Portal.
5A_358/2025: Decision on the inadmissibility of a super-provisional measure to regulate child matters
Summary of the Facts
The unmarried parents of the child C.________ are disputing custody and regular contact. The regional court deprived the appellant (mother) of the right to determine the child's residence by a super-provisional order and transferred custody to the respondent (father). The appellant then filed a request with the High Court of Graubünden to lift this measure with the granting of suspensive effect, which was not admitted. The appellant appealed against this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_456/2024: Responsibility of a fiduciary in connection with tax declaration errors
Summary of the Facts
A company sued its fiduciary for alleged breaches of its obligations under a mandate contract. The fiduciary had applied for a reduction for participations in the tax declaration, although the requirements for this were not met. As a result, the taxes were initially set lower but were later significantly increased by correction from the tax authority. The company sought damages for the tax surcharge resulting from the fiduciary's faulty tax strategy.
Complete summary of the judgment can be found in the Portal.
8C_404/2024: Procedural stay on claims for supplementary benefits for AHV/IV in connection with ongoing disability insurance proceedings
Summary of the Facts
The appellant, A.________, claimed supplementary benefits (EL) for AHV/IV. The social insurance office of the Canton of St. Gallen stayed the proceedings because the claim could not be conclusively examined. The relevant issue was the earning capacity of the spouse, which was the subject of ongoing pension proceedings with the disability insurance. The lower court and the Federal Court confirmed the stay.
Complete summary of the judgment can be found in the Portal.
5A_491/2024: Measures to protect the marital community (maintenance contributions for minor children)
Summary of the Facts
The father and mother have been married since 2008 and have two minor children. After their separation in 2019, the father was ordered by first-instance measures to protect the marital community to pay maintenance contributions for the children. Due to his work and income situation, the father requested to be exempted from this obligation from 2022, which was partially accepted by the first instance. However, in the second instance a hypothetical income was attributed to him, and the maintenance contributions for the children were adjusted accordingly. The father appealed this decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_570/2024: Tax residence decision concerning state and municipal taxes of the Canton of Zurich, tax periods 2017–2022
Summary of the Facts
The appellant (A.________ AG) was regarded by the tax office of Zurich as fully taxable in the Canton of Zurich for the tax periods 2017–2022, as the actual administration of the company was said to take place at the residence of its then board member in W.________ (Canton of Zurich). The appellant contested this and argued that the management was exercised at the statutory seat in the Canton of Zug. After objection and further legal remedies, which were rejected by the Zurich authorities, the appellant filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_83/2024: Judgment on the building permit for an air/water heat pump
Summary of the Facts
The appeal concerns the building permit for an air/water heat pump for a property in the residential zone W35, which is classified as noise sensitivity level II. The appellants, owners of an adjacent property, publicly criticized the inadequate compliance with noise protection regulations and the precautionary principle. After several cantonal instances, the permit was confirmed. The neighbors' appeal to the Federal Court was ultimately dismissed.
Complete summary of the judgment can be found in the Portal.
5A_868/2024: Judgment concerning the revision of a paternity judgment and restoration of deadlines
Summary of the Facts
The appellant A.________ had legally acknowledged paternity to B.________ in 2012. In November 2022, a DNA test revealed that he is not the biological father. He subsequently filed a request for revision of the paternity judgment, along with a request for restoration of the deadline according to Art. 329 para. 2 of the Civil Procedure Code (ZPO). The first-instance judge rejected the request for restoration of the deadline, which the appellant attempted to challenge at the cantonal court. However, this declared his legal remedy as inadmissible. The appellant is now requesting the annulment of the cantonal decision and a remand from the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_180/2025: Inclusion in public procurement law upon withdrawal of the appeal
Summary of the Facts
In the context of an open procedure according to public procurement law, the Cantons of Schwyz and Uri awarded the construction work for lot 400 of the New Axenstrasse to a consortium (ARGE E.________). A losing bidder community (BieGe A.________) then filed an appeal with the Administrative Court of the Canton of Schwyz and later with the Federal Court. During the federal court proceedings, the appellant withdrew the appeal.
Complete summary of the judgment can be found in the Portal.
6F_12/2025: Restoration of deadlines and appeal against a decision of non-admission
Summary of the Facts
The applicant requests the restoration of a deadline according to Art. 50 BGG, as he claims to have only become aware of the relevant decisions and the judgment after the deadlines had expired. The background is a dispute regarding the fiction of service of the judgment of the District Court of Zurich and the resulting deadline omission for a notice of appeal.
Complete summary of the judgment can be found in the Portal.
4A_596/2024: Judgment concerning a contract for sickness daily allowance insurance and questions regarding pre-contractual disclosure obligations
Summary of the Facts
B.________ Sàrl entered into a collective sickness daily allowance insurance with A.________ AG. Its managing director (C.________) concealed a previous operation due to a disc herniation in the health declaration. After the onset of incapacity to work, the contractual relationship was retroactively (ex tunc) dissolved by the insurance due to a breach of pre-contractual disclosure obligations. The insured contested the dissolution, arguing that the withdrawal period according to Art. 6 para. 2 of the Federal Act on Insurance Contracts (LCA) had not been observed and that the insurance could not rely on general provisions of the Code of Obligations, in particular Art. 28 OR (deception).
Complete summary of the judgment can be found in the Portal.
4F_24/2024: Request for revision concerning a patent dispute
Summary of the Facts
The A.________ GmbH, holder of several disputed patents, filed a revision of a Federal Court judgment of November 21, 2023, confirming the non-violation of its patents by B.________ SA. The ground for revision was the alleged bias of a federal patent judge due to a connection with a supplier of the opposing party.
Complete summary of the judgment can be found in the Portal.
7B_113/2023: Decision on the charge of negligent homicide in connection with a barrier at the airport
Summary of the Facts
The Federal Court deals with an accident on September 13, 2017, in which a motorcyclist fatally crashed into a poorly visible barrier at Geneva airport. The accident occurred due to a change in traffic management that was not adequately signaled. Project manager A.________, who was responsible for the installation of this barrier, was convicted of negligent homicide and appealed the judgment of the cantonal instance.
Complete summary of the judgment can be found in the Portal.