Latest Judgments of the Federal Court
Here you will find the latest judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositives. 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.
5A_386/2025: Non-admittance of a complaint regarding personal contact
Summary of Facts
A.________, the estranged father of C.________, was deprived of the right to personal contact with his child by the judgment of the Cantonal Court of Lucerne on October 8, 2024; he was granted only correspondence contact. A renewed request to the KESB for weekly supervised phone calls was rejected since no changed circumstances were presented. The Cantonal Court then did not consider the complaint against this decision. The complainant turned to the Federal Court.
Summary of Considerations
1. The Federal Court examined the legality of the non-admittance judgment of the Cantonal Court of Lucerne (April 14, 2025) as the only permissible object of contestation. It found that the reasoning of the complaint regarding the cantonal court's judgment was insufficient and that there was no substantive engagement with the considerations of the lower court. (Consideration 1) 2. It was confirmed that the complainant did not assert changed circumstances and did not engage with the reasons of the KESB decision and the cantonal court judgment. Instead, he raised objections against the previous final decision of October 8, 2024, which could not be the subject of the proceedings. (Consideration 2) 3. Due to the obviously insufficient reasoning, the Federal Court did not consider the complaint and decided in a simplified procedure (Art. 108 para. 1 lit. b BGG). (Consideration 3) 4. The court costs were imposed on the complainant. (Consideration 4)
Summary of Dispositive
The complaint is not considered, and the court costs are imposed on the complainant.
7B_358/2025: Judgment on preventive detention in the appeal process regarding a self-sustaining subsequent decision
Summary of Facts
The complainant A.________ is contesting the extension of a preventive detention ordered in connection with the extension of a stationary therapeutic measure by the Appellate Court of Basel-Stadt. The complainant claims, among other things, that his right to be heard was violated and that the extension of detention was disproportionate. He requests his release from detention and, if necessary, alternative measures and compensation for each day of detention.
Summary of Considerations
1. Admissibility of the complaint (1.1–1.2): The complaint in criminal matters is admissible since the extension of preventive detention constitutes a cantonal final decision. However, only the preventive detention is addressed and not the extension of the stationary therapeutic measure.
2. Detention legal foundations (2.1–2.4):
- Preventive detention in the appeal process is governed by Art. 364a and Art. 364b StPO. An extension by the appeal instance is also permissible without a request from the public prosecutor and can occur until the appeal judgment.
- Existing preventive detention does not need to be expressly limited, as Art. 233 StPO provides for the possibility of a request for release from detention.
3. Right to be heard complaints (3.1–3.3):
- The lower court did not make all relevant documents accessible to the complainant before issuing the detention extension, thus violating his right to reply. This formal right to be heard could not be remedied and leads to the annulment of the decision.
- An examination of the substantive grounds for detention is not relevant in the present proceedings.
4. Procedural consequences (4): The lower court order is annulled and referred back for a new decision, taking into account the legal right to be heard. In other respects, the complaint is dismissed.
Summary of Dispositive
The complaint is partially upheld, the order is annulled, and the case is referred back for a new decision. The canton must pay compensation.
9C_655/2024: Tax assessment of separate taxation of married couples and residence issue
Summary of Facts
The married complainants lived together in U.________/ZH until early 2015. The husband stated in his tax return for 2015 that he had been living separately from his wife since February 2015 and had moved his residence to V.________ in the Principality of Liechtenstein. The tax authority later determined that the claimed separation and residence change did not correspond to the actual circumstances. This was followed by additional tax assessments for the tax periods 2015 and 2016, as well as fines against the husband. The objection and subsequent appeals against these decisions were unsuccessful. The complainants requested the Federal Court to annul the decision and to make a determination regarding the separate taxation of the spouses.
Summary of Considerations
- I (Procedural): The complaint in public law matters is admissible, particularly concerning direct federal taxes and state and municipal taxes. The request for a determination on separate taxation is not addressed due to a lack of worthy interest in the determination. - II (Right to be heard): The lower court waived the hearing of the witnesses proposed by the complainants through anticipated assessment of evidence. This decision was recognized by the Federal Court as legally correct and sufficiently justified. - III (Direct federal tax): The center of life of the complainant husband remained objectively in U.________/ZH, which established tax liability in Switzerland. The requirements for separate taxation of the spouses were not met. - IV (State and municipal taxes): The concept of residence in cantonal tax law corresponds to that in federal law, so the previously mentioned considerations are applied accordingly. - V (Outcome of the proceedings): The complaint was unfounded, and the costs of the proceedings were imposed on the complainants.
Summary of Dispositive
The complaint is dismissed, and the court costs are imposed on the complainants.
5A_364/2024: Dispute over local jurisdiction in inheritance action
Summary of Facts
After the death of the deceased C.A.________, a dispute arose within the community of heirs regarding undistributed rental income from a condominium. B.________, as the procedural representative of the community of heirs, sued together with a co-heir, A.A.________, against the deceased's wife, D.A.________, for payment of half of the rental income. The case revolves around the question of local jurisdiction for the adjudication of the claim.
Complete summary of the judgment can be found in the portal.
8C_292/2024: Judgment on pension revision of the disability insurance
Summary of Facts
A.________, born in 1986, suffered a sensomotor incomplete paraplegia in a work accident on September 17, 2008. After vocational integration measures, he received a half disability pension (55% degree of disability) starting November 1, 2010, which was repeatedly confirmed. Due to an increase in disability income, the IV office of Lucerne reduced the half pension to a quarter pension starting April 1, 2023, by decision of February 20, 2023. This change was confirmed by the Cantonal Court of Lucerne. A.________ filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the portal.
5A_412/2025: Inadmissibility of a legal remedy due to alleged denial of justice
Summary of Facts
The complainant A.________ submitted a complaint to the Federal Court on May 26, 2025, aiming to establish an alleged denial of justice against the justice of the peace of the district of Lausanne. She asserted that the justice had remained inactive after a reminder on April 26, 2025.
Complete summary of the judgment can be found in the portal.
7B_556/2024: Decision on the unsealing of seized items in administrative criminal proceedings
Summary of Facts
The Federal Gaming Commission (ESBK) is conducting a criminal proceeding against A.________ on suspicion of organizing unlicensed casino games. Following a house search and the seizure of various devices and documents, the ESBK requested the unsealing of these items. The complainant had requested the sealing but missed the deadline for comments, as the court summons was delivered directly to him and not to his legal representative. The complaint chamber of the Federal Criminal Court did not consider the unsealing request and handed over the seized items to the ESBK for further use. A.________ challenged before the Federal Court a violation of his right to be heard.
Complete summary of the judgment can be found in the portal.
4A_673/2024: Judgment on provisional legal enforcement in a property foreclosure
Summary of Facts
The A.________ AG and B.________ AG entered into loan agreements, secured by deeds of pledge. After A.________ AG failed to meet its payment obligations, B.________ AG enforced it for property foreclosure. Upon request from B.________ AG, the lower courts granted provisional legal enforcement for a partial amount of the claim and for the pledge. A.________ AG requested the Federal Court to dismiss the request for legal enforcement.
Complete summary of the judgment can be found in the portal.
5D_19/2025: Negative declaratory action according to Art. 85a SchKG
Summary of Facts
The complainant filed a negative declaratory action at the District Court of Zurich according to Art. 85a SchKG against a collection action by the Canton of Zurich. The District Court dismissed the action, and the subsequent appeal to the Cantonal Court of Zurich was also rejected. With a subsidiary constitutional complaint, the complainant approached the Federal Court.
Complete summary of the judgment can be found in the portal.
1C_280/2025: Decision on the inadmissibility of a complaint in the context of international legal assistance
Summary of Facts
The Turkish national A.________ was arrested in Switzerland on January 14, 2025, at the request of the Italian Ministry of Justice. Italy is demanding his extradition based on an arrest warrant. The Federal Office of Justice approved the extradition, which was contested by A.________ with a complaint. This complaint and an accessory request for release from detention were dismissed by the Federal Criminal Court in a decision dated May 7, 2025. The complainant then filed a complaint with the Federal Court to prevent the extradition and obtain his release from detention.
Complete summary of the judgment can be found in the portal.
8C_530/2024: Judgment on the obligation of the accident insurance regarding degenerative shoulder injuries
Summary of Facts
A.________ suffered an accident on February 8, 2023, in which she sustained injuries to her right shoulder, right elbow, and left wrist. The Suva declined to cover the costs for the operation and further insurance benefits regarding the shoulder injury, claiming it was primarily due to degenerative changes. The Social Insurance Court of the Canton of Zurich confirmed this view. A.________ requested before the Federal Court to continue the insurance benefits beyond June 28, 2023.
Complete summary of the judgment can be found in the portal.
7B_70/2023: Judgment regarding the missed deadline for filing a complaint
Summary of Facts
Four complainants filed a complaint in criminal matters against a non-admittance order that refused to open a criminal investigation. They requested the annulment of the order and the deployment of out-of-canton investigators. However, the complaint was not examined by the Federal Court as it was submitted late.
Complete summary of the judgment can be found in the portal.
6B_440/2024: Judgment on the legal case A.________
Summary of Facts
The complainant A.________ was convicted by the District Court for several violations of the Road Traffic Act and for multiple fraud offenses. The criminal court revoked previously granted suspensions of the sentence and imposed an overall prison sentence of 34 months. A.________ appealed against this decision, which was rejected by the cantonal court. A.________ then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the portal.
6B_1008/2024: Discrimination and incitement to hatred as well as sentencing
Summary of Facts
The complainant A.________ (formerly B.________) was first sentenced on February 15, 2024, by the police court of the district of Sarine for discrimination and incitement to hatred (Art. 261bis StGB) to a fine. He had distributed stickers combining the "Progress Pride Flag" and a swastika and affixed them in public spaces. The Cantonal Court of Fribourg confirmed this judgment on November 27, 2024. Before the Federal Court, A.________ requested to be acquitted of the charges or for the cantonal judgment to be overturned and referred back for reconsideration.
Complete summary of the judgment can be found in the portal.
9C_311/2024: Decision on a new request concerning disability insurance benefits
Summary of Facts
A.________, a self-employed used car dealer, applied in 2018 for disability insurance benefits due to a work accident and deteriorating health. In 2023, the disability insurance denied the granting of a disability pension and vocational integration measures, citing a too low degree of disability. The cantonal appeal instance rejected A.________'s appeal and ordered a retrospective examination for the period following the last administrative decision. A.________ brought his case to the Federal Court.
Complete summary of the judgment can be found in the portal.
5A_167/2025: Decision on the delay of a complaint and its lack of reasoning
Summary of Facts
The complainant opposed an eviction decision, which obliged him to hand over vacated and cleaned properties to the new owners. The complaint against the decision of the Cantonal Court of Aargau was submitted late and lacked sufficient reasoning.
Complete summary of the judgment can be found in the portal.
7B_338/2025: Non-admittance order in criminal law
Summary of Facts
A.________ filed a criminal complaint with the Federal Court against a decision of the Chambre des recours pénale des Tribunal cantonal des Kantons Waadt, which had rejected a complaint against a non-admittance order.
Complete summary of the judgment can be found in the portal.
5A_380/2025: Decision on procedural costs and non-admittance of the complaint
Summary of Facts
The case concerns the costs and compensation consequences of a previous proceeding between members of a community of heirs and the opposing side. The District Court of Zurich divided the court costs and party compensation among the complainants under joint liability. The appeal raised by one of the complainants was accepted by the Cantonal Court of Zurich as a complaint but was rejected for lack of sufficient reasoning. Subsequently, a civil complaint was filed with the Federal Court, which also did not consider it.
Complete summary of the judgment can be found in the portal.
7B_282/2025: Non-admittance of a complaint against the extension of preventive detention
Summary of Facts
The complainant filed a complaint against a decision of the Cantonal Court of Bern regarding preventive detention. The complaint was submitted late and did not contain sufficient reasoning.
Complete summary of the judgment can be found in the portal.
1C_229/2025: Construction project outside the construction zone: Right to complain
Summary of Facts
A resident (A.________) filed an appeal against the granting of a building permit outside the construction zone by the municipality of Perroy to B.________ SA. The construction project concerned the renovation and repurposing of buildings in a vineyard zone. The cantonal decision declared the appeal inadmissible as A.________ was not sufficiently affected to demonstrate an interest within the meaning of Art. 89 Abs. 1 BGG. A.________ then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the portal.
5F_31/2025: Judgment on a request for revision
Summary of Facts
The applicant A.________ requested the Federal Court to revise the judgment 5A_221/2025 from March 26, 2025, in which his original legal remedy was dismissed due to late submission and lack of constitutional complaint. He cited health reasons and requested free legal assistance as well as an extension of the deadline to supplement his revision request.
Complete summary of the judgment can be found in the portal.
5D_43/2024: Judgment on an advance for a representative of heirs
Summary of Facts
The complainant A.A.________, a statutory heir of the estate of the deceased C.A.________, who died on February 1, 2014, contests the approval of an advance for B.________ GmbH, which was appointed as the special representative for heirs. The District Court of Dielsdorf authorized the heir representative to withdraw an advance of CHF 13,367.-- to cover her expenses and to prepare a report. The Cantonal Court of Zurich confirmed the decision, against which the complainant filed a subsidiary constitutional complaint with the Federal Court.
Complete summary of the judgment can be found in the portal.
2C_699/2023: Refusal to extend a residence permit application UE/AELS
Summary of Facts
An Italian citizen, who had previously lived in Switzerland temporarily, returned in 2017 for dependent employment and received a UE/AELS residence permit. After losing his work income and exhausting unemployment benefits starting in 2019, he received social assistance. Since 2020, he has been undertaking training as an electrician but is unable to finance his living expenses independently. The competent authorities and cantonal courts refused to extend his residence permit, which the complainant challenged before the Federal Court.
Complete summary of the judgment can be found in the portal.
9C_529/2024: Control right over municipal tax resolutions in the Canton of Geneva
Summary of Facts
A. The State Council of the Canton of Geneva approved on March 13, 2024, the determinations of the municipal councils regarding the amount of municipal tax surcharges (Centimes additionnels) for the tax year 2024. B. A.________ contested this approval before the Constitutional Court of the Canton of Geneva unsuccessfully. His appeal was declared inadmissible on September 9, 2024. C. With a complaint to the Federal Court, A.________ requested the annulment of the judgment of September 9, 2024, and the referral of the matter for substantive examination of the appeal.
Complete summary of the judgment can be found in the portal.
4A_33/2025: Objection to an abusive dismissal according to Art. 336b OR
Summary of Facts
The B.________ AG terminated the employment relationship of A.________ at the end of November 2022. On November 2, 2022, the employee filed a written objection against the termination. In the conciliation procedure and subsequently before the District Court, he claimed compensation for abusive dismissal. The District Court awarded him a reduced compensation, while the Cantonal Court fully rejected his claim. Before the Federal Court, A.________ requested the confirmation of the district court's judgment.
Complete summary of the judgment can be found in the portal.
5A_496/2024: Maintenance calculation in the context of precautionary measures in divorce proceedings
Summary of Facts
The Federal Court is dealing with a civil complaint related to the modification of child and spousal maintenance contributions within the framework of precautionary measures in the divorce proceedings between A.________ (complainant) and B.________ (respondent). The case involves, among other things, the question of the reasonableness of the complainant's depletion of assets, his new family situation, and the assessment of child maintenance for his youngest son F.________.
Complete summary of the judgment can be found in the portal.
5D_24/2025: Legal protection in clear cases regarding access rights to a property
Summary of Facts
The complainant, as one of the heirs of an estate, requests access to a property before its auction to locate missing items. The District Court did not consider her request, as it saw no clear legal claim and the municipal office was not passively legitimized. The ruling was confirmed by the Cantonal Court and finally by the Federal Court.
Complete summary of the judgment can be found in the portal.
8C_598/2024: Assessment of an employee's inclusion in the mandatory accident insurance
Summary of Facts
The dispute revolves around the classification of B.________'s activity for A.________ SA between 2020 and 2022, with the question of whether the activity should be classified as dependent or independent. The Caisse nationale suisse d'assurance en cas d'accidents (CNA) determined a dual status for B.________ (self-employed in his own projects, dependent when working as a subcontractor). A.________ SA contested the CNA's qualification, in which a dependent activity for them was determined.
Complete summary of the judgment can be found in the portal.
7B_32/2024: Judgment on a complaint against a non-admittance decision regarding file management
Summary of Facts
A.________ initiated a criminal procedure against the Basel-Stadt criminal court for multiple fraud and illegal receipt of social benefits. She requested a file directory, which was initially approved but later rejected. The Appellate Court did not consider her complaint against this. A.________ filed a complaint in criminal matters with the Federal Court to annul the decision of the Appellate Court and demand the creation of a compliant file directory.
Complete summary of the judgment can be found in the portal.
8C_232/2025: Inadmissibility of a complaint against an interim decision in the area of supplementary benefits to AHV/IV
Summary of Facts
The complainants A.A. and B.A. received a referral from the Social Insurance Court of the Canton of Zurich regarding the repayment claim for supplementary benefits. Due to a property sale, their claim for supplementary benefits for the period from October 2019 to March 2023 was reset to CHF 0. Already granted benefits and costs amounting to CHF 12,940.– were demanded for repayment. The complainants filed a complaint with the Federal Court against this referral decision.
Complete summary of the judgment can be found in the portal.
5A_419/2024: Judgment regarding personality protection in a dispute between former spouses
Summary of Facts
The case concerns the protection of the personality of B.A.________, a former executive member of a bank, against his former wife A.A.________. She made accusations against B.A.________ in various emails, including alleged violence, regulatory violations at the bank, and misconduct regarding the joint account, and communicated these to third parties. The Cantonal Court of Zug partially upheld B.A.________'s claim and issued an injunction prohibiting her from repeating these statements to third parties.
Complete summary of the judgment can be found in the portal.
7B_304/2025: Decision regarding the non-admission of a complaint in criminal matters
Summary of Facts
A.________ filed a complaint with the Federal Court against the decision of the Criminal Chamber of the Cantonal Court of Jura. The latter had rejected an appeal against the decision of the Jura public prosecutor, who did not consider a criminal complaint for breach of official secrecy, abuse of office, and unfounded slander against former prosecutor B.________.
Complete summary of the judgment can be found in the portal.
4A_522/2024: Judgment on loans and substantiation obligations
Summary of Facts
A.________ (plaintiff) is demanding from B.________ AG (defendant) the repayment of CHF 87,000.-- based on the alleged granting of a loan. The claim was dismissed by both the Regional Court of Bern-Mittelland (2024-02-28) and the Cantonal Court of Bern (2024-08-27) due to insufficient substantiation of a loan agreement. The plaintiff is bringing the complaint to the Federal Court and is requesting repayment as well as the removal of the defendant's legal objection.
Complete summary of the judgment can be found in the portal.