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 operative parts. For the remaining judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the portal of Lexplorer. There, you can configure your newsletter and receive the latest judgments tailored to your areas of law.
4A_393/2024: Validity of Termination of an Agricultural Lease Agreement and the Extension of the Lease Agreement
Summary of the Facts
The appeal concerns the termination of an agricultural lease agreement between A.________ (appellant) and B.________ SA (respondent). The contract began on June 15, 2010, and was terminated by the respondent in a timely and proper manner on June 15, 2022, as they wanted to manage the leased properties themselves in the future. The appellant contested this termination and alternatively requested its nullity, annulment, or an extension of the contract. The lower court dismissed the claim, and the appellant subsequently appealed to the Federal Court.
Summary of the Considerations
1. (Admissibility) The appeal is admissible as it meets the deadlines, formal requirements, and a sufficient value of dispute according to the provisions of the Federal Court Act (Art. 72 to 100 BGG). 2. (Legal Bases and Review) The Federal Court reviews the violation of federal law, including constitutional law (Art. 95 lit. a BGG). It relies on the facts established by the lower court (Art. 105 para. 1 BGG), unless these are clearly arbitrary or legally erroneous (Art. 105 para. 2 BGG). 3. (Right to be Heard) The appellant claimed a violation of his right to be heard (Art. 29 para. 2 BV), as the cantonal instance did not order an expert opinion on the financial consequences of the termination for him. The Federal Court stated that this expert opinion was not relevant to the decision, as the contract was not terminated prematurely, but was ended regularly. 4. (Legitimacy of Termination and Abuse of Rights) 4.1. (Form and Timeliness) The termination of the lease agreement was executed correctly in writing and with sufficient justification according to Art. 16 LBFA and is formally valid. 4.2. (Self-Management) The respondent credibly demonstrated its intention and ability to manage the property itself. It meets the requirements for a self-managing lessee according to Art. 27 para. 2 LBFA and Art. 9 LDFR, particularly through investments and registration as an agricultural self-manager. 4.3. (Prevention of Abuse of Rights) No obvious abuse was found according to Art. 2 para. 2 ZGB. 5. (Extension of the Lease Agreement) Since it cannot be expected that the respondent will agree to an extension of the contract, no extension was granted according to Art. 27 para. 2 LBFA.
Summary of the Operative Part
The appeal was dismissed in all points, and the court costs were imposed on the appellant.
4A_159/2024: Decision on Liability and Damage Calculation
Summary of the Facts
A.________ SA (in liquidation), a company engaged in financial, medical, and hotel consulting, sued its former CEO and board member, B.________. Following a series of press articles containing sensitive information about A.________, B.________ was accused of having disclosed this data to the public. The plaintiff sought financial compensation for the costs incurred to protect its reputation. However, the lower court dismissed the claim for payment, as no adequate and natural causal connection was established between the defendant's behavior and the damage incurred.
Summary of the Considerations
(1) The Federal Court clarifies the admissibility of the legal remedy according to the formal and material requirements of federal legal proceedings (Art. 76, 90, 100, and 42 LTF) and declares the procedure admissible. (2) It is determined that the plaintiff can be held liable according to Art. 321e OR if a violation of his contractual obligations leads to damage, and the four conditions are met: a breach of duty, damage, a natural and adequate causal connection, and fault. (3) The lower court assumed that the plaintiff's reputation was already harmed before the defendant disclosed the documents. However, the Federal Court recognized that the information disclosed by the defendant significantly contributed to the intensification of media reporting and thus to the harm to the reputation. The natural and adequate causal connection is affirmed. (4) The Federal Court reviews the damage calculation and the delineation of expenses before and after the relevant point in time. Due to insufficient documentation, only the later incurred, specified costs were accepted. The defendant is liable for part of the claimed costs.
Summary of the Operative Part
The defendant must pay compensation to the plaintiff, and the court costs will be split.
1C_653/2023: Judgment Regarding Subsequent Building Application and Restoration Order
Summary of the Facts
The appellant (A.________, owner of the sole proprietorship B.________) received building permits in 2015 and 2018, which, however, did not include the conversion to studios or small apartments. This conversion took place anyway without permission. The municipal council of Döttingen rejected the subsequent building application and demanded the restoration of the lawful state. The administrative court extended the deadline for restoration to six months. The appellant requested the approval of the building application and a new adjustment of the deadline before the Federal Court.
Summary of the Considerations
1. **(E.1)** The Federal Court declares the appeal in public law matters as admissible.
2. **(E.2)** The facts established by the lower court were not obviously incorrect.
3. **(E.3)** No violation of the right to be heard by the Department of Construction, Transport and Environment, as the information obligations were fulfilled and access to the files would have been possible.
4. **(E.4)** The lower court was allowed to assess the facts without conducting an inspection and reject further evidence; the most relevant questions were examined independently of residential hygiene.
5. **(E.5)** According to municipal and cantonal law, the conversion of the premises for residential purposes is inadmissible; guarantee of acquired rights and exception permits are out of the question.
6. **(E.6)** Protection of trust was rightly denied, as no assurances for the conversion to residential purposes were made.
7. **(E.7)** The restoration order according to cantonal law is proportionate. Although the new deadline of six months is tight, it remains within the limits of reasonableness.
8. **(E.8)** The cost regulation by the lower court is lawful and remains in place.
Summary of the Operative Part
The appeal is dismissed, and the deadline for restoration is extended, with court costs imposed.
9C_79/2025: Decision Regarding Withdrawal of a Legal Remedy in Tax Law
Summary of the Facts
A.________ Sàrl filed an appeal on January 31, 2025, against a decision of the Administrative Court of the Canton of Geneva dated December 10, 2024. In a letter dated May 21, 2025, the appellant withdrew the appeal, which concerned tax disputes for the tax periods 2014 to 2020.
Complete summary of the judgment can be found in the Portal.
2C_351/2023: Judgment on Revocation of EU/EFTA Residence Permit
Summary of the Facts
The North Macedonian citizen A.________ and his two adult children, B.________ and C.________, received various EU/EFTA residence permits in Switzerland. Due to the divorce of A.________ from the Slovenian citizen D.________, upon which family reunification was based, the Migration Office of the Canton of St. Gallen revoked the residence permits of the appellants. As a result, A.________ suffered health deterioration. The appeal concerns the rejection of the extension of the residence permit by cantonal authorities and the remand decision.
Complete summary of the judgment can be found in the Portal.
4A_9/2025: Decision Regarding Non-Payment of Required Advance Court Fees
Summary of the Facts
A.________ was ordered by the Tribunal des prud'hommes in Geneva to pay to B.________. The appeal by A.________ against the judgment was dismissed by the cantonal appellate authority. A.________ then filed a civil complaint with the Federal Court but missed the deadline for paying the required advance court fees. As a result, her complaint was declared inadmissible.
Complete summary of the judgment can be found in the Portal.
8C_207/2025: Judgment on Functional Jurisdiction in Social Insurance Law
Summary of the Facts
The appellant challenged the decision of the Social Insurance Court of the Canton of Zurich dated March 21, 2025, which declared itself functionally incompetent and announced that it would forward the submission to the Social Insurance Office of the Canton of Zurich. The dispute arose from the handling of an objection regarding entitlement to premium reductions and the recovery of supplementary benefits.
Complete summary of the judgment can be found in the Portal.
7B_101/2025: Inadmissibility of a Criminal Law Appeal Due to Insufficient Justification
Summary of the Facts
A.________ filed an appeal against a dismissal order from the Canton of Fribourg dated November 14, 2024. The Criminal Chamber of the Cantonal Court of Fribourg declared this appeal inadmissible on December 30, 2024, as the required guarantees were not paid in due time. On January 30, 2025, the appellant requested a review by the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_257/2025: Appeal Against the Denial of Unemployment Benefits by the Unemployment Insurance Fund of the Canton of St. Gallen
Summary of the Facts
The appellant, A.________, contested a decision by the Insurance Court of the Canton of St. Gallen, which denied him unemployment benefits from March 5, 2024. He was primarily accused of not being able to demonstrate a real flow of wages with a high probability, which is a prerequisite for the entitlement to benefits according to the legal provisions.
Complete summary of the judgment can be found in the Portal.
8C_248/2025: Procedural Preconditions for Independently Opened Interim Decisions on Free Legal Aid
Summary of the Facts
The appellant requested free legal aid in the context of a UVG procedure, which the Administrative Court of the Canton of Thurgau denied with an interim decision. She appealed to the Federal Court against this decision. The issue at stake concerns the admissibility of independently challenging such interim decisions and the requirements for a "non-reparable disadvantage" according to Art. 93 para. 1 lit. a BGG.
Complete summary of the judgment can be found in the Portal.
8C_148/2024: Judgment on Disability Insurance
Summary of the Facts
A.________, born in 1966, applied for disability insurance benefits in April 2019. After several expert opinions, investigations, and a professional reintegration measure, the responsible IV office in Solothurn rejected her claim for professional measures and a disability pension. The Insurance Court of the Canton of Solothurn upheld this decision. Subsequently, the appellant filed an appeal in public law matters with the Federal Court, seeking the granting of a disability pension with a disability degree of at least 60% or further investigations.
Complete summary of the judgment can be found in the Portal.
4D_65/2025: Late Submission of Court Costs Advance in Proceedings Before the Federal Court
Summary of the Facts
The appellant A.________ filed an appeal on March 21, 2025, against a decision of the Chambre des recours civile des Kantons Vaud dated February 13, 2025. This decision had previously declared the appellant's appeal inadmissible due to a late submission. The Federal Court required the appellant to pay an advance fee according to Art. 62 para. 3 BGG, which, despite an extension, was not settled.
Complete summary of the judgment can be found in the Portal.
9C_182/2024: Decision of the Federal Court on the Revision of Tax Assessments
Summary of the Facts
The Tax Administration of the Canton of Vaud issued tax assessments for the tax years 2009 to 2017 for the taxpayers (A.A.________ and the deceased husband B.A.________). These assessments considered nominal credit claims that were later declared by the taxpayers as completely or partially uncollectible, without the administration accepting these changes. In 2020, A.A.________ requested the revision of these assessments on the grounds that a relevant new circumstance existed, namely the uncollectibility of the claims and health limitations of her husband. The Tax Administration and the cantonal court rejected this request, as there was a lack of a relevant ground for revision. The present decision of the Federal Court confirmed this position.
Complete summary of the judgment can be found in the Portal.
5A_884/2024: Decision on Withdrawal of a Legal Remedy in a Procedure Regarding Measures to Protect the Marital Community
Summary of the Facts
The appellant (A.________) filed a legal remedy on December 19, 2024, against a decision of the I. Civil Chamber of the Cantonal Court of Fribourg dated November 28, 2024. The case concerned the regulation of parental custody and maintenance contributions for a minor child in the context of measures to protect the marital community. She also requested a request for suspensive effect and free legal aid. On May 15, 2025, the appellant withdrew her legal remedy and proposed that each party bear its own legal costs.
Complete summary of the judgment can be found in the Portal.
5F_28/2025: Request for Revision Against a Judgment Regarding Enforcement of Debt Collection
Summary of the Facts
A petitioner requested the revision of a Federal Court decision (5A_544/2024), in which his complaint against the Debt Collection Office Olten-Gösgen and the cantonal supervisory authority for debt collection and bankruptcy was dismissed. This decision concerned the determination of a possible illegality in balancing the subsistence minimum. The request for revision was submitted on May 8, 2025, and free legal aid was also requested.
Complete summary of the judgment can be found in the Portal.
9C_554/2024: Judgment Regarding the Calculation of an Inheritance Inventory Fee
Summary of the Facts
The appellant, A.A.________, appealed against the inheritance inventory fee calculated by the cantonal tax administration of the Canton of Geneva in the amount of 3,675 CHF (of which 1,837.50 CHF at the expense of the appellant). She criticized the valuation of two assets of the inheritance: (1) the company D.________ SA and (2) a loan claim against C.________, which she considered uncollectible. Her complaints were ultimately rejected by all cantonal authorities, and she appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_344/2025: Inadmissibility of a Federal Court Criminal Law Appeal Due to Insufficient Justification
Summary of the Facts
A.________ requested compensation from the criminal enforcement judge of the Canton of Vaud for alleged unlawful detention. She rejected the examination of her request. The Criminal Law Appeal Chamber of the Cantonal Court of Vaud subsequently dismissed A.________'s appeal against this decision. A.________ then filed an appeal in criminal matters with the Federal Court on April 8, 2025.
Complete summary of the judgment can be found in the Portal.
4A_21/2025: Judgment Regarding Employment Contract
Summary of the Facts
The organization A.________, an intergovernmental institution based in Geneva, employed the worker B.________ since 2011 in various positions. Following internal organizational changes and tension-filled developments, a formal termination of the employment relationship occurred. Subsequently, B.________ sought claims, particularly from an agreement dated October 12, 2020. A.________ justified an immediate dismissal with alleged "abandon de poste." After hearings before several instances, B.________'s claims were confirmed, while A.________ lost at all levels and ultimately brought the disputes before the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_696/2024: Dispute Regarding Calculation of Supplementary Benefits for AHV/IV
Summary of the Facts
The appellant, A.A., has been receiving supplementary benefits for AHV along with her husband for years. In the context of calculating these benefits, an outstanding claim of the husband against a third party was considered as assets and later as "Fortune dessaisie" (dissociated assets). The dispute concerns the accounting of this claim and the amount of supplementary benefits from January 1, 2023.
Complete summary of the judgment can be found in the Portal.
5F_22/2025: Request for Revision and Recusal of a Judge
Summary of the Facts
A.________ requested in a revision request dated April 22, 2025, the review of the Federal Court judgment of April 7, 2025 (5A_186/2025), which declared the earlier decision of his appeal against the original decision of a civil court regarding partial amendments of a divorce judgment as inadmissible. Additionally, he requested the recusal of Federal Judge Bovey.
Complete summary of the judgment can be found in the Portal.
4A_266/2024: Decision Regarding the Jurisdiction of the Court by Subject Matter
Summary of the Facts
A contract was concluded between A.________ SA and B.________ SA regarding the use of spaces, which was qualified as a lease by the cantonal authorities. After the termination of the contractual relationship, the parties disputed outstanding payments and the legal qualification of the contract. The lower courts partially recognized the claims of B.________ SA and primarily dismissed the damage claims of A.________ SA. A.________ SA contested the jurisdiction of the rental court and requested the non-applicability of rental law.
Complete summary of the judgment can be found in the Portal.
9C_418/2024: Judgment on Lapse of Deadlines for Tax Returns
Summary of the Facts
The appellant received fines for failing to submit tax returns for the tax periods 2019 and 2020. He was unable to meet the corresponding deadlines, citing health problems and the death of his wife. Both the cantonal authorities and the Federal Court rejected the restoration of the deadlines.
Complete summary of the judgment can be found in the Portal.
9C_276/2024: Dispute Regarding Compensation for Spitex Services within Health Insurance
Summary of the Facts
The Association A.________, a club, demanded compensation from ÖKK Health and Accident Insurance AG for Spitex services provided between January and December 2022 for a deceased patient. While part of the claims was quantified in the context of a conciliation procedure, an expansion of the legal claims occurred before the arbitration court. The Arbitration Court of Graubünden partially dismissed the lawsuit and denied the obligation to perform by the OKP. Before the Federal Court, a violation of the right to be heard and federal law was claimed.
Complete summary of the judgment can be found in the Portal.
7B_243/2025: Decision on the Inadmissibility of an Appeal Due to Formal Deficiencies
Summary of the Facts
A.________ filed a complaint with the president of the appeal chamber of the appellate court of the Canton of Ticino against a dismissal order from the public prosecutor dated December 10, 2024. By decision of February 3, 2025, the president declared the appeal inadmissible due to insufficient formal requirements. A.________ then filed a "recourse" with the Federal Criminal Court, which forwarded the case to the Federal Court according to Art. 48 para. 3 BGG.
Complete summary of the judgment can be found in the Portal.
4A_11/2025: Inadmissibility of a Civil Law Remedy Due to Lack of Advance Payment of Court Fees
Summary of the Facts
A.________ was ordered by the Tribunal des prud'hommes of the Canton of Geneva to pay amounts to B.________. Against this judgment, A.________ appealed to the Chambre des prud'hommes of the Cour de justice of the Canton of Geneva, which rejected the objection on November 12, 2024. A.________ then submitted a civil law remedy to the Federal Court but failed to make the complete payment of the required court fees, leading to the inadmissibility of the remedy.
Complete summary of the judgment can be found in the Portal.
6B_817/2024: Complicity in Fraud
Summary of the Facts
A.________, a former employee of a Geneva pharmacy, was convicted of complicity in fraud and sentenced to a conditional fine. Her activity involved processing invoices submitted to health insurers and applying a system in which undelivered medications were billed, but the difference was used as credit for other non-insured items or services. A.________ denied her intent to participate in illegal practices and filed a complaint with the Federal Court to contest her conviction and the related costs. The Federal Court examined the legal basis and the evidence and declared her appeal unfounded.
Complete summary of the judgment can be found in the Portal.
7B_244/2025: Decision on a Deadline Restoration and a Non-Admission Decree
Summary of the Facts
The appellant A.________ requested a deadline restoration to appeal against a non-admission decree issued by the public prosecutor of the Canton of Ticino on December 12, 2024. The president of the appeal chamber of the cantonal appellate court rejected her request by decision on February 3, 2025. A.________ then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_587/2023: Judgment on Waiver of Demolition in the Forest Distance Area
Summary of the Facts
The A.________ AG, owner of properties adjacent to the zoning area in Wollerau, complained about unauthorized landfills and retaining walls in the forest distance area constructed by B.________ AG, among other things. The municipal council and the Office for Spatial Development of the Canton of Schwyz denied an exception permit but did not order a demolition. The administrative court partially dismissed the appeal of A.________ AG, whereupon it appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_456/2024: Decision of the Swiss Federal Court Regarding an Appeal Against a Non-Admission Order
Summary of the Facts
A lawyer, Me A.________, filed a complaint for alleged abuse of office (Art. 312 StGB), forgery of documents, and defamation against a prosecutor and two court clerks in the Canton of Vaud. The cause was the expiration of a conciliation hearing within a criminal investigation led by a court clerk, the legality of which he questioned. The Attorney General decided not to initiate an investigation. This decision was confirmed by the cantonal court. Me A.________ brought the case before the Federal Court, demanding the annulment of the non-admission order and the initiation of a new investigation.
Complete summary of the judgment can be found in the Portal.
1C_37/2025: Judgment on Non-Extension of Violence Protection Measures
Summary of the Facts
A.________ was imposed contact and distance bans by the Zurich city police on October 23, 2024, under the cantonal violence protection law, under the accusation of "separation stalking." These measures were initially extended. However, the coercive measures court lifted the extension on November 19, 2024. The Administrative Court of the Canton of Zurich reinstated the original measures on December 23, 2024. A.________ filed an appeal with the Federal Court on January 22, 2025, contesting the measures and making requests regarding cost regulation.
Complete summary of the judgment can be found in the Portal.
4A_515/2024: Judgment on Rent Increase After Renovations
Summary of the Facts
A long-term lease agreement for a four-room apartment in Geneva was the subject of disputes regarding the legality of a rent increase due to extensive renovation work and other cost adjustments. The landlord sought an increase in rent, while the tenant requested a reduction. The cantonal authority set the rent at 770 CHF per month, while the Federal Court decision corrected this to 798.05 CHF per month.
Complete summary of the judgment can be found in the Portal.
8C_658/2024: Decision on a New Request in the Area of Disability Insurance
Summary of the Facts
A policyholder, born in 1965, submitted a new request to the disability insurance after a previous request was rejected. In addition to existing physical limitations, the policyholder claimed psychological complaints. After extensive medical clarification and the implementation of a measure for professional reintegration, the disability insurance rejected the new request as well.
Complete summary of the judgment can be found in the Portal.
2C_16/2024: Revocation of Residence Permit and Expulsion from Switzerland in the Case of a Single Mother and Her Children
Summary of the Facts
A.________, a Cameroonian citizen, lived in Switzerland since 2015 due to family reunification, received an EU/EFTA residence permit, and is a single mother of four children with German citizenship. Following the separation and subsequent divorce from her husband, her residence permit was revoked, and she was ordered to leave Switzerland. A.________ and her children took legal action to contest this judgment and extend her residence permit.
Complete summary of the judgment can be found in the Portal.
5A_898/2024: Decision on the Request for Provisional Debt Relief
Summary of the Facts
The appellant, a co-owner of two properties, submitted a request for provisional debt relief to the District Court of Bülach due to debt collection actions. The District Court rejected the request as well as the application for the cancellation of the forced sale and waived the opening of bankruptcy. The Higher Court of the Canton of Zurich confirmed this decision. The request was rejected due to lack of substantiation, as no sufficient information on the current and future financial situation was provided.
Complete summary of the judgment can be found in the Portal.
1C_704/2024: Judgment on Material Expropriation in Connection with a Rezoning
Summary of the Facts
The architectural firm A.________ AG (owner of two parcels in Bülach) demanded compensation for material expropriation following a rezoning from a preservation zone (Type F) to a recreation zone (family garden area). After several instances and an initial Federal Court remand decision, the valuation commission again rejected the compensation claim. The Administrative Court of the Canton of Zurich confirmed this decision. A.________ AG appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_423/2025: Inadmissibility of a Federal Court Remedy Against a Cantonal Decision Regarding a Non-Admission Order
Summary of the Facts
The Chambre pénale de recours of the Canton of Geneva approved an appeal lodged by the company B.________ against a non-admission order by the Geneva public prosecutor (dated November 25, 2024) and remanded the matter for further investigation. The respondent A.________ appealed against this cantonal decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_518/2024: Building Permit for Children's Daycare in Residential Zone in Olten
Summary of the Facts
A.A.________ and B.A.________ opposed the building permit for the conversion of a residential house into a children's daycare, which was applied for by the association C.________. The cantonal authorities in the Canton of Solothurn rejected the objections of the appellants. Subsequently, they appealed to the Federal Court and requested the annulment of the building permit.
Complete summary of the judgment can be found in the Portal.