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 with facts, considerations, and dispositives. For the further 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 you will receive the latest rulings customized to your areas of law.
4F_9/2025: Decision regarding Revision Request
Summary of the Facts
The parties initially disputed the amount of an initial rent for an apartment. After the tenant had lost in all instances, he requested the Federal Court to revise its judgment of January 21, 2025. The request was based on Art. 121 lit. d BGG and claimed a judicial error (Inadvertance). Specifically, the tenant argued that the Federal Court had misinterpreted or ignored essential facts regarding the construction cost amount in connection with the neat funds.
Summary of the Considerations
The Federal Court stated that revisions can only be based on certain, narrowly defined reasons (Art. 121 ff. BGG) and within set time limits (Art. 124 BGG). The tenant submitted his request in time and referred to an alleged negligence of the court. According to Art. 121 lit. d BGG, a revision can be requested if the Federal Court has made an obvious factual misjudgment. The Federal Court explained that such facts are only relevant if they could lead to a different outcome in favor of the revision applicant. It also requires a significant misinterpretation of a decisive act. This was not the case here, as the court had correctly interpreted the information regarding the construction cost amount as "construction costs" and not as "total value of the property including land value." The Federal Court rejected the accusation of misinterpretation of the construction cost amount in connection with the funds. It clarified that the exact capital expenditure for the relevant properties was neither fully evident from the files nor fully acknowledged by the landlord. The tenant was also unable to present any new relevant facts that could justify a revision.
Summary of the Dispositive
The revision of the judgment was rejected, and the applicant was ordered to pay court costs.
2C_116/2023: Decision on the Interpretation of the Lawyer's Professional Secrecy in the Context of International Legal Assistance
Summary of the Facts
The French tax authorities requested legal assistance from Switzerland to obtain information about bank accounts of a lawyer that were allegedly used for tax evasion. The lawyer in question and his wife opposed the transmission of the information, citing the lawyer's professional secrecy and other legal norms. The Swiss tax administration stated that professional secrecy does not protect documents held by banks. The Federal Administrative Court decided that certain data concerning the so-called "Form-R account" should be partially censored before transmission. Both parties filed complaints with the Federal Court.
Summary of the Considerations
The Federal Court finds that a legal question of fundamental importance arises, especially regarding the lawyer's professional secrecy in the context of legal assistance. It declares the two complaints admissible. The Federal Court confirms that the lawyer's professional secrecy under Swiss law protects information if it originates from typical lawyer activities. Bank accounts opened using Form R are generally entitled to this protection unless there is abusive use. Since irregularities were found in one of the examined "Form-R accounts," the court allows the transmission of the account data, but with an additional censorship of the names of two persons. The Federal Court rejects arguments of the complainants based on the topics of "ne bis in idem" and the alleged unlawful use of data by the French authorities. There are no indications of a violation of the rule of law or the principle of trust among states. The court orders that documents related to a specific withdrawn request for legal assistance are not to be transmitted.
Summary of the Dispositive
The court orders the extended censorship of names and the non-transmission of certain documents and rejects the remaining complaints.
6B_143/2025: Judgment on Deportation in Case of Recidivism
Summary of the Facts
A.________, a Brazilian citizen, was sentenced to a new deportation of 20 years for serious crimes and for violating a previously ordered deportation. He is currently in stationary measure execution. Despite his health condition and family ties in Switzerland, the deportation was confirmed by the District Court of Zurich and the High Court of the Canton of Zurich. A.________ challenged the decision and applied for a waiver of the deportation.
Summary of the Considerations
1. The hardship rule according to Art. 66a para. 2 StGB is applied restrictively. The lower court denied a severe personal hardship case, as the public interest in deportation (protection of legal goods and prevention) outweighs the private interests of the complainant (1.2–1.5). 2. There are treatment options in Brazil, and despite his mental illness and ties in Switzerland, the complainant could not meet the criteria for a hardship case (1.4–1.5). 3. A violation of Art. 3 and 8 ECHR or the right to be heard was also denied, as there are no compelling humanitarian reasons or disproportionate interventions (1.3, 1.5.5–1.6).
Summary of the Dispositive
The complaint and the application for free legal aid are dismissed, and the court costs are imposed on the complainant.
6B_1254/2023: Judgment on Sentencing and Cost Allocation in Drug Trafficking
Summary of the Facts
The complainant A.________ was initially found guilty by the District Court and later by the High Court of the Canton of Zurich for, among other things, drug offenses (cocaine and cannabis trafficking as well as multiple complicity in qualified cocaine trafficking), driving without authorization, and a turnover of CHF 267,640.--. He requested, among other things, a reduction of the sentence as well as relief from procedural costs and appealed against the guilty verdict of complicity. The Federal Court reviewed the admissibility of the sentencing, the cost distribution, and the legal basis of the guilty verdict.
You can find the complete summary of the judgment in the Portal.
1C_381/2024: Termination of a Public Employment Relationship
Summary of the Facts
The complainant A.________ had been employed in the state service of the Canton of Geneva since 2001 and had been serving as the head of the Directorate for Information Systems since 2018. After repeated conflicts, professional deficiencies, and accusations related to inappropriate use of work resources and other incidents, he was terminated on August 29, 2023, due to insufficient performance and lack of suitability for the job profile. The complainant unsuccessfully challenged the termination decision before the cantonal judiciary and subsequently filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
9C_160/2025: Decision on the Admissibility of a Legal Remedy in the AHV
Summary of the Facts
The complainant A.________ filed a legal remedy against a decision of the Cantonal Court of Fribourg on March 13, 2025. Despite a request from the Federal Court to submit the contested judgment by March 25, 2025, the complainant did not comply with this obligation. The documented delivery of the corresponding request by the Federal Court was ignored.
You can find the complete summary of the judgment in the Portal.
5A_351/2025: Judgment on Involuntary Commitment
Summary of the Facts
The complainant, A.________, suffers from paranoid schizophrenia and was involuntarily committed to a psychiatric clinic based on a decision by the KESB Münchwilen. The High Court of the Canton of Thurgau dismissed his complaint against this measure. He subsequently filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
9C_216/2024: Complaint Against the IV Office Solothurn
Summary of the Facts
The complainant A.________ demands benefits from the disability insurance due to a herniated disc (operation in 2017) and persistent pain syndromes. The IV Office Solothurn denied the entitlement to benefits based on a multidisciplinary report. The insurance court of the Canton of Solothurn dismissed the corresponding complaint. A.________ demands the determination of a disability degree of at least 40% or the referral of the matter for further clarification.
You can find the complete summary of the judgment in the Portal.
1C_526/2023: Odor and Noise Emissions at a Waste Collection Point
Summary of the Facts
The complainants A.________ and B.________, owners of properties in immediate proximity to the waste collection point "Curtin/Plaz," have been complaining for years about odor and noise emissions. The municipality conducted investigations upon court order and took various measures to reduce these emissions, including noise insulation and regular cleaning. A.________ and B.________ requested the closure of the collection point or its resizing, which the municipality and the cantonal administrative court rejected.
You can find the complete summary of the judgment in the Portal.
5A_346/2025: Recusal Request and Free Legal Aid in a Divorce Follow-Up Procedure
Summary of the Facts
The complainant applied to the District Court of Lucerne for a change of the responsible instructing judge in the procedure for modifying the divorce judgment and in the procedure for free legal aid. The recusal request was dismissed as late. The complaint to the Cantonal Court of Lucerne against this decision was not dealt with due to insufficient justification. The complainant then turned to the Federal Court.
You can find the complete summary of the judgment in the Portal.
4A_172/2025: Proceedings on Free Legal Aid and Dismissal of the Complaint
Summary of the Facts
The complainant A.________ requested free legal aid for an appeal procedure at the High Court of Graubünden after the regional court dismissed his claim for damages. The High Court rejected the request and set a deadline for the payment of a cost advance. A.________ then filed a complaint with the Federal Court, along with a renewed request for free legal aid. After a loan was granted to him, the complainant declared the complaint and the request before the Federal Court to be without subject.
You can find the complete summary of the judgment in the Portal.
5A_331/2025: Inadmissibility of the Legal Remedy Concerning Instructions in the Area of Child and Adult Protection
Summary of the Facts
The complainant is the mother of C.________ and D.________, who are under the sole custody of the father. There is a guardianship according to Art. 308 ZGB. After the mother opposed instructions to prove her therapy sessions and to participate in the course "Children in Focus," the family court issued a reduced instruction. This was partially confirmed by the High Court, obliging the mother to submit proof of therapy visits and conversations every six months. The mother then filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
5A_333/2025: Inadmissibility of the Complaint Concerning Childcare
Summary of the Facts
The complainant A.________ opposed a decision of the Appeals Court of Basel-Stadt, which among other things provisionally regulated A.________'s visitation rights. He submitted applications to the Appeals Court, which were partially forwarded as equivalent complaints to the Federal Court.
You can find the complete summary of the judgment in the Portal.
7B_1063/2024: Complaint Against the Non-Initiation of a Criminal Investigation in Connection with the Eviction of a Rental Apartment After a Death
Summary of the Facts
The complainant filed a criminal complaint for alleged suppression of documents and property damage in connection with the eviction of the deceased testator's rental apartment. The public prosecutor's office ordered the non-initiation, which was confirmed by the High Court. The complainant then turned to the Federal Court.
You can find the complete summary of the judgment in the Portal.
5F_25/2025: Non-Admittance to Submissions Concerning Revision and Refusal of Rights
Summary of the Facts
A.________ and B.________ dispute the father's visitation rights for the children C.________ and D.________. After repeated restrictions of visitation rights through cantonal court decisions, the Federal Court did not admit complaints or revision requests from the father in two earlier proceedings. With new submissions from April 2025, which contain polemical accusations against judges and Switzerland, the father again requested the revision of the Federal Court's decisions and the recusal of a specific Federal Judge.
You can find the complete summary of the judgment in the Portal.
9F_6/2025: Decision Concerning Insurance Law and Procedural Questions
Summary of the Facts
A.________ filed a complaint against the decision of the Federal Administrative Court, which had previously rejected his claim for a disability pension. The Federal Court had declared an earlier complaint inadmissible due to late submission (Judgment 9C_80/2025). In his later submission of April 9, 2025, A.________ again raised a complaint or requested revision, without fulfilling the legal requirements. A.________ also requested free legal assistance.
You can find the complete summary of the judgment in the Portal.
5A_348/2025: Decision on the Change of Guardian
Summary of the Facts
The complainant A.________ and D.________ are the parents of the child C.________, for whom the High Court of the Canton of Thurgau transferred custody to the father and ordered a guardianship as part of a marriage protection decision. The complainant later requested a change of the guardian due to discrepancies. The request was rejected by the Child and Adult Protection Authority (KESB) as well as by the lower court. The complainant then filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
1C_538/2024: Dispute over Expropriation Compensation and Reopening of a Parcel
Summary of the Facts
The Federal Court ruled on the complaint of A.A.________ and B.A.________ against a decision of the Administrative Court of the Canton of Graubünden. The starting point was the expropriation and reopening of parcel 889, where the points of contention were the amount of compensation for expropriated land, the costs for a gate relocation, and the lack of compensation for cut walnut trees. The complainants also demanded a zone-compliant and traffic-safe development of their parcel.
You can find the complete summary of the judgment in the Portal.
7B_337/2025: Decision on the Continuation of Pre-Trial Detention
Summary of the Facts
The complainant, a man who has lived in Switzerland for decades, was taken into pre-trial detention due to allegations of serious crimes, including threats, coercion, violations of duties towards children, and other offenses. The family of the accused had repeatedly expressed fears regarding his behavior, which was marked by psychological stress and drug use. There are burdens from statements of his family as well as a suspicion of ongoing influence and endangerment of evidence.
You can find the complete summary of the judgment in the Portal.
4F_6/2025: Revision Request Concerning Non-Admittance Decision of the Federal Court
Summary of the Facts
The applicant submitted a revision request against the Federal Court judgment 4D_140/2024 of January 30, 2025, in which the Federal Court had not admitted his complaint. This was due to a lack of justification. The revision request is based on various alleged legal errors and a false application of procedural rules.
You can find the complete summary of the judgment in the Portal.
4D_73/2025: Judgment on Legal Opening
Summary of the Facts
The respondent, the State of Solothurn, received definitive legal opening for CHF 225.--, interest since December 15, 2022, and reminder fees of CHF 50.-- through the judgment of the District Court. The complainant initially filed a complaint with the High Court against this. This was dismissed, as was the request for free legal aid. The complainant then filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
7B_1145/2024: Complaint Against a Non-Initiation Order and Rejection of Victim Status
Summary of the Facts
A.A.________ filed a complaint against two orders of the regional public prosecutor's office of central Valais, in which the non-initiation of his criminal complaint for defamation and the refusal of victim status were decided. The cantonal criminal chamber dismissed the complaints. A.A.________ then filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
4A_683/2024: Decision on Provisional Legal Opening
Summary of the Facts
There is a dispute between the complainant (A.________ Sàrl) and the respondent (B.________) regarding the qualification of a contract dated October 17, 2011, which was concluded as free management for a restaurant. The complainant did not regularly pay the agreed amounts and later applied for a reclassification of the contract into a rental agreement and for the reimbursement of already made payments. The respondent demanded outstanding payments and initiated collection proceedings. After the objection, he requested provisional legal opening, citing the contract as an acknowledgment of debt.
You can find the complete summary of the judgment in the Portal.
2C_480/2024: Decision on the Short-Term Residence Permit for Marriage and Residence Permits
Summary of the Facts
A.________ and B.________, both citizens of Senegal, and their four children have lived in Switzerland for several years without a valid residence permit. Multiple applications for residence permits and short-term residence permits for marriage were rejected by the responsible cantonal office and the lower courts.
You can find the complete summary of the judgment in the Portal.
5F_26/2025: Revision Request Regarding a Judgment in a Child Protection Procedure
Summary of the Facts
The applicant A.________ opposed a decision of the KESB Bern concerning the compensation of his free legal representative and filed a complaint with the High Court of the Canton of Bern, which did not admit it. His subsequent appeal to the Federal Court was also not accepted for formal reasons, with court costs imposed on him. Against the judgment of the Federal Court, he filed a revision request, arguing that free legal aid and certain pieces of evidence had not been taken into account.
You can find the complete summary of the judgment in the Portal.
7B_235/2025: Complaint Against an Order Regarding the Unsealing Procedure
Summary of the Facts
In a criminal investigation against A.________ for violations of the narcotics law and money laundering, electronic devices were seized. A.________ requested their sealing, citing attorney-client privilege. The public prosecutor's office later requested their unsealing, whereupon the coercive measures court dismissed the matter as resolved, as a statement from A.________ had not been formally submitted correctly. A.________ filed a complaint with the Federal Court and requested the annulment of this order.
You can find the complete summary of the judgment in the Portal.
2C_220/2024: Subjection of a Transport Company to the LSE
Summary of the Facts
A.________ SA, a company providing passenger and cargo transport with drivers, was required to subject itself to Swiss legislation on employment agency and personnel leasing (LSE) due to its activity in brokering drivers via the platform B.________ BV. The drivers are employed by A.________ SA but work through a platform operated by B.________ BV. The issue was contested administratively and before the Federal Court as to whether A.________ SA is to be classified as a service provider and B.________ BV as a service recipient.
You can find the complete summary of the judgment in the Portal.