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.
5A_372/2025: Ruling on Personality Protection
Summary of Facts
A.________ has filed a lawsuit against B.B. and C.B.________ as well as D.B.________ for violation of personality protection. The District Court of Broye had ordered several protective measures against A.________, which were later confirmed by the I. Civil Chamber of the Cantonal Court of Fribourg. A.________ appealed the decision of the cantonal instance to the Federal Court.
Summary of Considerations
(1) The Federal Court notes that an effective challenge requires that the reasons for the decision of the lower instance be presented in a substantiated and legally relevant manner (Art. 42 para. 1 and 2 BGG). The appellant did not meet these requirements and limited himself to appellate statements and accusations against various parties involved. Criticisms of events outside the contested decision are inadmissible (Art. 75 para. 1 BGG). (5) The cantonal court detailed the proportionality of the protective measures according to Art. 28b para. 1 ZGB. Incidents such as a physical altercation and threatening letters from the appellant were taken into account. The protective measures include, among others, prohibitions on approaching the residences of the intimated, which the appellant can implement without significant restrictions. (6) The appellant does not provide comprehensible legal arguments against the proportionality of the measures but repeats accusations and personal assessments of the situation. Statements that defame the entire legal apparatus are deemed inadmissible. (7) The appeal is declared manifestly unfounded in the simplified procedure (Art. 108 para. 1 lit. b BGG). This also results in the denial of the requested free legal aid, and the appellant is ordered to bear the court costs. (8) The appellant is warned for inappropriate statements about the court and the judicial apparatus.
Summary of the Dispositive
The appeal is declared inadmissible, the request for free legal aid is rejected, and the appellant is ordered to bear court costs.
2C_82/2025: Disciplinary Proceedings Against a Lawyer: Conflict of Interest and Professional Misconduct
Summary of Facts
The lawyer A.________ was disciplinarily fined CHF 15,000 by the Chamber of Lawyers of the Canton of Jura for several breaches of duty, later reduced to CHF 5,000 by the cantonal administrative court. The allegations included inappropriate communication with authorities and a conflict of interest, as A.________ was simultaneously a client and co-defendant in the same criminal case. A.________ approached the Federal Court and requested a reduction of the fine or its conversion into a warning.
Summary of Considerations
(1.1) The Federal Court confirms that the requirements for the admissibility of the appeal according to Art. 82 ff. BGG are met. (1.3) The request to discontinue a secondary complaint is considered inadmissible, as it is not the subject of the disciplinary proceedings. (2.1-2.4) The Federal Court dismisses allegations by A.________ of erroneous factual findings, as he did not provide a substantiated justification that would warrant a correction. (4.1-4.4) The violation of the professional regulations is confirmed. In particular, the lawyer should have immediately withdrawn from his mandate upon becoming aware of the existing conflict of interest. The application of Art. 12 lit. c LLCA (Duties of the lawyer, particularly the avoidance of conflicts of interest) was correctly applied by the cantonal authority and the cantonal court. (5.1-5.4) The amount of the fine (CHF 5,000) is deemed appropriate. A.________'s request to reduce this to CHF 1,000 or convert it into a warning is rejected. The Federal Court argues that the violations cannot be considered minor.
Summary of the Dispositive
The appeal was rejected and court costs were imposed.
5A_79/2025: Ruling on Measures for the Protection of a Child
Summary of Facts
The Federal Court had to decide on two complaints against the confirmation by the lower instance of a measure to protect the welfare of a child. The unmarried parents of a minor daughter (C.________, born 2018) were deprived of the right to determine the child's place of residence and the child was accordingly placed in a boarding school. The measure was necessary due to conflicts and personal as well as educational difficulties of the parents and was only provisional.
Summary of Considerations
The two complaints were combined due to identical circumstances. It was a provisional measure within the meaning of Art. 98 BGG, which is why only violations of constitutional rights could be contested. The lower instance declared the measure lawful according to Art. 307 and 310 ZGB. Based on expert opinions and reports from specialized agencies, a highly dysfunctional family environment was revealed that endangered the psychological and emotional well-being of the child. Less intrusive measures had so far not achieved the desired success. The Federal Court dismissed the father's allegations (violation of the right to be heard and violations of constitutional rights) as they were not sufficiently substantiated or unfounded. The mother's complaint was declared inadmissible due to insufficient justification. Her complaint did not meet the required statements of a violation of constitutional rights.
Summary of the Dispositive
The complaints were combined, the father's complaint was rejected, and the mother's complaint was declared inadmissible.
5A_573/2023: Dispute Over Measures to Protect the Marital Community and Their Correction
Summary of Facts
A.________ and B.________, a married couple of French nationality, disputed measures to protect their marital community before Swiss courts. The focus was on the allocation of the marital home, maintenance contributions for the wife and child, as well as a correction of a previous decision by the Geneva judicial authorities. After several instances, both parties filed appeals with the Federal Court.
You can find the complete summary of the ruling in the Portal.
8C_711/2024: Decision of the Federal Court on Entitlement to Accident Insurance Benefits
Summary of Facts
The appellant suffered a meniscus injury to his right knee while trampoline jumping. The accident insurance (AXA) denied a duty to pay benefits, arguing that the cause of the injury was predominantly degenerative. The cantonal court confirmed this view. The appellant subsequently applied to the Federal Court for the statutory benefits to be granted.
You can find the complete summary of the ruling in the Portal.
9C_155/2025: Ruling on Tax Assessment of a Foreign Resident Employee
Summary of Facts
The appellant, an employee residing in France who works for the Delegation of the European Union in Geneva, repeatedly refused to submit tax returns in Switzerland for his earned income in the Canton of Geneva. He based his refusal on his tax residency in France and denied tax liability in Switzerland. Due to his resistance, he was assessed by the cantonal tax administration of the Canton of Geneva for the years 2014 to 2020 and for federal taxes by the tax administration ex officio. After exhausting the cantonal appeal process, he filed a complaint with the Federal Court.
You can find the complete summary of the ruling in the Portal.
4A_159/2025: Withdrawal of Appeal Before the Federal Court in a Tenancy Law Matter
Summary of Facts
The appeal was filed by the appellant A.________ against the ruling of the Appeals Chamber of the Civil Court of the Canton of Vaud dated February 24, 2025. It concerned disputes regarding a rental contract between A.________ and B.________ SA. The appellant declared his withdrawal of the legal remedy in writing on May 21, 2025.
You can find the complete summary of the ruling in the Portal.
4A_107/2024: Decision Regarding Final Rigott Objection
Summary of Facts
A.________, former managing director of B.________ SA, received instructions from a super-provisional decision of the District Court of Lugano on January 31, 2022, to observe restrictions on actions and prohibitions on asset disposals. Due to non-compliance, he was imposed fines totaling CHF 69,000 (CHF 5,000 and 64 days of delay at CHF 1,000 each). The cantonal court confirmed the final legal opening due to outstanding payment, which led to the present appeal against the decision of the cantonal instance.
You can find the complete summary of the ruling in the Portal.
5A_288/2024: Ruling on Modification of Maintenance Agreements in Child Custody
Summary of Facts
The divorced father (A.________) and the mother (B.________) are disputing the amount of maintenance contributions for their child C.________, born in 2017. After various adjustments of provisional measures, the cantonal court ordered the father to pay a monthly maintenance contribution of CHF 2,150 to the mother. The father then filed a complaint against the cantonal decision with the Federal Court.
You can find the complete summary of the ruling in the Portal.
5A_233/2025: Decision on the Obsolescence of a Legal Remedy Due to Payment of a Cost Advance
Summary of Facts
The appellant A.________ objected to the decision of the Chambre de surveillance of the Court of Justice of the Canton of Geneva dated February 20, 2025, which set a deadline for the payment of a cost advance of CHF 400. After the cost advance was paid on March 12, 2025, this was communicated to the Federal Court Registry on May 12, 2025. The Federal Court then announced that it would declare the matter obsolete and strike it from the register. The appellant did not respond to this communication.
You can find the complete summary of the ruling in the Portal.
4A_465/2024: Loans and Current Accounts in Factoring Business
Summary of Facts
The A.________ AG and B.________ AG conducted a factoring business for years, whereby B.________ AG provided financing for purchases and settled invoices directly. During the COVID-19 pandemic, disputes arose over two large mask transactions. B.________ AG filed a lawsuit for the repayment of loans and recourse claims from unserviced receivables. A.________ AG denied the claims, among other things, arguing that the mask transaction was an investment and not a loan. The Commercial Court of Zurich partially confirmed the lawsuit.
You can find the complete summary of the ruling in the Portal.
7B_182/2025: Ruling on the Non-initiation of an Investigation for Abuse of Office
Summary of Facts
The appellant filed a criminal complaint in 2022 against several individuals for abuse of office. The Public Prosecutor's Office II of the Canton of Zurich decided not to initiate an investigation. A complaint filed against this decision was dismissed by the High Court of the Canton of Zurich. The appellant then filed a criminal complaint with the Federal Court, requesting the annulment of the High Court’s decision and ordering the public prosecutor's office to conduct a criminal investigation.
You can find the complete summary of the ruling in the Portal.
6B_934/2024: Ruling on Criminal Assessment of Violations Against Authorities and the Weapons Act
Summary of Facts
A.________ was convicted by the Cantonal Court of Schwyz on September 3, 2024, for various offenses, including violence and threats against authorities and officials, disobedience against official orders, violations of the Weapons Act, and assaults, to a conditional prison sentence of 60 days, a fine of CHF 800, and the enforcement of a previous conditional fine of 80 daily rates. The civil claim of the respondent was referred to civil court. A.________ filed a complaint with the Federal Court aiming to be acquitted on several points and to adjust the sanctions.
You can find the complete summary of the ruling in the Portal.
5A_272/2025: Inadmissibility of an Appeal Against Wage Garnishment
Summary of Facts
The appellant opposed a decision by the debt enforcement office of the district of West Lausanne, which provided for a wage garnishment. The complaint was declared inadmissible by both the District Court of Lausanne and the cantonal court of the Canton of Vaud. The appellant then filed a complaint with the Federal Court.
You can find the complete summary of the ruling in the Portal.
4A_133/2025: Restoration of a Deadline in a Civil Law Matter
Summary of Facts
The appellant A.________, represented by her lawyer, filed a complaint against a decision of the Civil Court of the Canton of Fribourg regarding the provisional legal opening of a claim totaling CHF 689,000. Due to a late advance payment of the procedural costs, her cantonal appeal was declared manifestly inadmissible. The appellant requested the restoration of the deadline for payment of the advance, citing technical problems with her information system.
You can find the complete summary of the ruling in the Portal.
7B_1050/2023: Interpretation of the Prosecution Principle in Connection with the Water Protection Act
Summary of Facts
A farmer, A.________, is being prosecuted for polluting a stream with manure leaking from his facility. The prosecution order from the public prosecutor's office accuses him of intentional violation of the Water Protection Act. However, the cantonal police judge and later the cantonal court classified his behavior not as intent but as negligence. A.________ filed a complaint with the Federal Court and criticized a violation of the prosecution principle, as he is accused of a different set of facts in the conviction.
You can find the complete summary of the ruling in the Portal.
5A_364/2025: Decision Regarding the Appointment of a Guardianship
Summary of Facts
The Federal Court deals with a case where A.________, daughter of B.________ (born 1936), has filed a complaint against the decision of the judicial and cantonal level regarding the non-appointment of a guardianship for her father. The judicial and cantonal level rejected this due to lack of need and protection considerations.
You can find the complete summary of the ruling in the Portal.
2C_271/2025: Inadmissibility of a Complaint Regarding Asylum and Expulsion
Summary of Facts
The Nigerian national A.________ submitted an asylum application on December 5, 2024, which was rejected by the State Secretariat for Migration (SEM) on February 6, 2025. His refugee status was denied, and his expulsion from Switzerland was ordered. Following an interim order from the Federal Administrative Court on March 13, 2025, which entitled him to stay until the conclusion of the proceedings but rejected his request for free legal aid and official legal representation, A.________ filed a complaint with the Federal Court on May 26, 2025.
You can find the complete summary of the ruling in the Portal.
5A_359/2025: Enforcement of Garnishment – Inadmissibility of Complaint by the Federal Court
Summary of Facts
The appellant did not cooperate with the requests of the debt enforcement office of Flawil to appear and clarify the matter of his debts. After the cantonal supervisory authority was involved and decided not to proceed, the appellant brought the matter before the Federal Court. His submissions referred to theoretical approaches from state-rejecting movements.
You can find the complete summary of the ruling in the Portal.
5A_234/2025: Decision Regarding the Conclusion of a Complaint Procedure and the Subject Matter of Court Fees (Guardianship of Representation and Administration)
Summary of Facts
A.________ filed a complaint against the decision of the supervisory department of the Geneva Cantonal Court dated February 20, 2025, which ordered an advance payment of court fees in the amount of CHF 400, on March 24, 2025, with the Federal Court. Although the advance was paid on March 28, 2025, the appellant was informed by a letter from the Federal Court on May 12, 2025, that the matter could possibly be declared resolved. There was no response to this.
You can find the complete summary of the ruling in the Portal.
7B_221/2025: Complaint Against Non-Initiation of a Criminal Proceedings – Non-Acceptance
Summary of Facts
The Public Prosecutor's Office of Winterthur/Unterland rejected on December 5, 2024, the initiation of a criminal investigation regarding defamation. The appellant then filed a complaint with the High Court of the Canton of Zurich, which did not accept the complaint by decision dated March 3, 2025. The appellant subsequently filed a criminal complaint with the Federal Court, which ruled on this case.
You can find the complete summary of the ruling in the Portal.
5D_22/2025: Rejection of a Legal Remedy for Compensation of a Child's Guardian
Summary of Facts
A.________ filed a complaint with the Federal Court against the cantonal decision that established the compensation for the child's guardian and exclusively imposed it on him. The previous cantonal instance declared A.________'s complaint inadmissible due to insufficient justification. In the federal proceedings, A.________ raised numerous concerns that did not pertain to the original dispute – the compensation of the guardian.
You can find the complete summary of the ruling in the Portal.
2C_136/2025: Inadmissibility of a Federal Remedy Due to Lack of Payment of Advance
Summary of Facts
The appellant, a Kosovo citizen, whose settlement permit was revoked by the cantonal authorities due to criminal convictions and converted into a residence permit, has filed a complaint with the Federal Court against the decision of the cantonal administrative court. He was required to make an advance payment for the procedural costs, which he failed to do within the deadline despite several extensions.
You can find the complete summary of the ruling in the Portal.
7B_228/2025: Non-Initiation of a Criminal Proceedings; Non-Acceptance of the Complaint
Summary of Facts
The appellant filed a criminal complaint against his wife for defamation and misleading justice on June 11, 2024. The Public Prosecutor's Office of the Canton of Graubünden decided not to initiate criminal proceedings on January 29, 2025. The High Court of the Canton of Graubünden did not accept the complaint filed on February 5, 2025, against the non-initiation. The appellant subsequently filed a criminal complaint with the Federal Court on March 11, 2025.
You can find the complete summary of the ruling in the Portal.
5A_290/2024: Ruling on the Obligation for Child Support
Summary of Facts
The Federal Court dealt with a dispute regarding the determination and amount of child support contributions for a child born in 2017 from the non-marital relationship of two parents. The mother had sole custody and exercised parental authority while the father paid maintenance contributions and had visitation rights. The case was treated before various instances and ultimately concluded before the Federal Court.
You can find the complete summary of the ruling in the Portal.
5A_832/2024: Decision on Local Jurisdiction in an Inheritance Case
Summary of Facts
The inheritance case concerns the question of local jurisdiction regarding the regulation of the estate affairs of the deceased D.________. The deceased had his habitual residence in Monaco but also extensive connections to Switzerland, particularly to the place Gstaad. Points of contention include determining his last domicile and the associated jurisdiction of the court. The estate of the deceased includes, among other things, a chalet in Gstaad and an apartment in Monaco.
You can find the complete summary of the ruling in the Portal.
5A_328/2025: Ruling on the Inadmissibility of an Appeal Due to Lack of Justification
Summary of Facts
The Federal Court examines the appeal of A.________ against the decision of the President of the Administrative Court of the Canton of Jura (April 10, 2025), in which the case was liquidated due to an uncollected registered letter. The originating instance had established a guardianship for representation and asset management for A.________ and set a deadline for the submission of a legible document.
You can find the complete summary of the ruling in the Portal.
8C_457/2024: Ruling on Causal Link in Accident Consequences in Accident Insurance
Summary of Facts
A.________, born in 1979, reported an injury to his right wrist in March 2022, which he allegedly sustained on November 5, 2021, when getting out of a vehicle. A complete rupture of the scapholunate ligament was diagnosed and surgically treated. The Swiss Accident Insurance Institute (Suva) closed the case as of November 30, 2022, and refused benefits after this date on the grounds that the natural causal link was no longer present. A.________ filed a complaint, which was dismissed by the Social Insurance Court of the Canton of Zurich.
You can find the complete summary of the ruling in the Portal.
5D_8/2025: Decision on the Compensation of the Guardian in the Context of Guardianship
Summary of Facts
A.________ was assigned a representative guardianship with income and asset management by the KESB Seeland. Later, the KESB approved the report and the invoice of the guardian, ordered compensation for the guardian as well as procedural costs, and charged these to A.________. After the lower instance dismissed her complaint as well as the request for free legal aid, the complainant approached the Federal Court.
You can find the complete summary of the ruling in the Portal.
2C_215/2025: Decision Regarding the Order for the Surrender of a Dog
Summary of Facts
The owner of the dog "B.________" opposed the order of the cantonal authorities to place her dog in a professional environment due to repeated incidents, including two biting attacks. Previous measures (leash, muzzle, etc.) were deemed insufficient. The cantonal decision was reviewed by the Federal Court.
You can find the complete summary of the ruling in the Portal.
6B_339/2025: Decision on the Order for a Therapeutic Measure
Summary of Facts
A defendant was found guilty of sexual abuse of children and other offenses. The criminal court ordered institutional therapy, while the cantonal appeals instance instead ordered outpatient therapy. The case concerned the assessment of the appropriate therapeutic approach to minimize the risk of reoffending of a defendant with severe mental disorders and a high risk of relapse.
You can find the complete summary of the ruling in the Portal.