News

New Federal Court rulings from 17.06.2025

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 dispositive parts. For the other 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.

5A_295/2025: Judgment on the Debt Enforcement Procedure and Inadmissibility of the Appeal

Summary of the Facts

A.________ is being pursued by B.________ to settle rent and additional costs amounting to CHF 29,110.--. The debt enforcement office in Bellinzona issued a seizure protocol. A.________ contested this before the cantonal supervisory authority for debt enforcement and bankruptcy, which dismissed the appeal due to lack of evidence for a timely objection and stated that objections against the validity of the claim in enforcement could only be made before a civil court. A.________ then filed a complaint to the Federal Court.

Summary of the Considerations

The Federal Court states that the subject of the appeal can be treated as a legal remedy in civil matters according to Art. 72 para. 2 lit. a and Art. 74 para. 2 lit. c BGG. However, it points out that the appeal according to Art. 42 para. 2 BGG and in cases of violations of fundamental rights according to Art. 106 para. 2 BGG places specific requirements on the reasoning. A.________'s appeal does not contain a sufficient discussion of the legal arguments of the cantonal supervisory authority, particularly regarding the regularity of the actions of the debt enforcement office. Instead, A.________ exclusively argues about the validity of the enforced claim, which is not the subject of the procedure. Due to the insufficient reasoning, the Federal Court dismisses the appeal as inadmissible. The decision is made in a simplified procedure according to Art. 108 para. 1 lit. b BGG.

Summary of the Dispositive Part

The appeal is declared inadmissible; A.________ must pay court costs.


1C_21/2025: Termination of Employment of a Teacher in Public Service

Summary of the Facts

A.________, a teacher in the canton of Geneva, was employed for an indefinite period and was subject to a three-year probation period. During this time, her performance was repeatedly rated negatively, particularly concerning classroom management, behavior towards students, and organization. Despite an extension of the probation period, deficiencies were identified that could not be remedied. On July 4, 2022, the responsible director terminated the employment, which was subsequently confirmed by the state council and the cantonal administrative judiciary.

Summary of the Considerations

**E.1** The Federal Court examines the admissibility of the appeal and finds that the legal requirements for the appeal are met.
**E.2** The appellant criticizes the factual findings of the cantonal court, among other things, regarding the circumstances of her teaching activity and the assessment of her performance. The Federal Court denies an arbitrary finding of fact, as the lower court argued in detail and took into account the essential points.
**E.3** The appellant complains of a violation of her right to be heard and requests additional evidence. The Federal Court dismisses the arguments and confirms that the lower courts have already comprehensively examined the facts and no relevant evidence has been overlooked.
**E.4** The appellant claims that she was a victim of bullying by her first director. The Federal Court sees no reason for a judicial examination of this allegation since the appellant did not involve the appropriate body for such concerns (trust group).
**E.5** In the matter itself, the Federal Court examines the termination of the employment due to inadequate performance according to cantonal law. It dismisses the appeal, as the finding of inadequate performance is neither arbitrary nor disproportionate, and the teacher received an extension of the probation period, which fulfills the principle of proportionality.

Summary of the Dispositive Part

The appeal is dismissed, and the court costs are imposed on the appellant.


5F_12/2025: Decision on the Admissibility of a Request for Revision

Summary of the Facts

A.________ SA requested the revision of a Federal Court decision (5A_147/2025 of February 27, 2025), which declared an appeal by A.________ SA against a definitive rejection of the objection to a payment order from B.________ SA for CHF 869.25 inadmissible. The request for revision referred to Articles 121 lit. c, 122, and 123 BGG and additionally included a request for a provisional suspension of enforcement.

Summary of the Considerations

**E.1**: A.________ SA failed to pay the required advance costs in a timely manner according to Art. 62 para. 1 and 3 BGG. The Federal Court reiterated the practice that a notification according to Art. 44 para. 2 BGG is considered delivered if it is not picked up within the storage period. **E.2**: Despite the extension of the deadline according to Art. 48 para. 4 BGG and a clear reminder of the consequences of non-payment, the advance was not paid, which is why the Federal Court decided not to consider the request for revision. **E.3**: The procedure was completed due to the obvious inadmissibility of the request according to the simplified regulation under Art. 108 para. 1 lit. a BGG. The request for suspension of enforcement became moot, and the court costs were imposed on the losing party (Art. 66 para. 1 BGG).

Summary of the Dispositive Part

The request for revision was declared inadmissible, and the court costs were imposed on A.________ SA.


1C_299/2024: Standing for the Appeal of Environmental Organizations Regarding a Wind Farm Project

Summary of the Facts

The Federal Court assesses the admissibility of an appeal against the judgment of the Cour de droit administratif et public des Tribunal cantonal du canton de Vaud dated April 12, 2024. At issue is the standing of three organizations (Fédération Paysage Libre Suisse, Fédération Paysage-Libre Vaud, SOS Jura) to challenge the building permits for six wind turbines in the "Sur Grati" wind farm. The organizations contest the interpretation of their right to appeal by the lower courts.


5F_14/2025: Decision on a Request for Revision

Summary of the Facts

A.________ SA requested the revision of the Federal Court decision 5A_150/2025 of February 27, 2025, in which its appeal was declared inadmissible due to insufficient reasoning. The original dispute concerned the definitive enforcement title for the debt collection by B.________ SA for CHF 1,125.10. In the revision proceedings, the suspension of the enforcement of the original decision was also requested.


5A_426/2025: Non-Admission of an Appeal for Legal Aid

Summary of the Facts

The appellant challenged a decision of the Cantonal Court of Thurgau, which had rejected his request for legal aid, and requested the Federal Court to overturn the cantonal court decision and review the guardianship for his children. The Federal Court only examined the procedural and formal conditions of the appeal process.


5A_417/2025: Appeal Regarding Legal Aid in Connection with Guardianship

Summary of the Facts

The appellant, a minor, submitted a request for legal aid in the context of an appeal process before the Cantonal Court of Aargau. The request was rejected by the Cantonal Court on the grounds that the parental duty of support towards their children takes precedence over legal aid. There was a lack of information regarding the parents' financial situation. The appellant appealed to the Federal Court and requested the annulment of the decision as well as the granting of legal aid.


5A_420/2025: Decision on the Reconsideration of a Request for Legal Aid

Summary of the Facts

The appellant contested the rejection of a request for legal aid by the Cantonal Court of Thurgau regarding child matters. He submitted a request for reconsideration to the Cantonal Court, which was also rejected, as his financial need could not be sufficiently substantiated based on the submitted documents. He appealed to the Federal Court seeking the annulment of this decision.


6B_1006/2024: Appeal by A.________ Against a Decision of the Criminal Chamber of the Cantonal Court of Vaud

Summary of the Facts

The Federal Court deals with the appeal of A.________ against a decision of the Criminal Chamber of the Cantonal Court of Vaud. A.________ was accused of fraud, forgery, and money laundering for making false statements in applications for short-time work compensation during the COVID-19 pandemic to unjustly enrich himself. The cantonal authorities found him guilty and sentenced him to 18 months of imprisonment, partially suspended. The Federal Court examines, among other things, the appropriateness of the sentence and the objections regarding the violation of the principle of accusation.


8C_627/2024: Decision of the Federal Court Regarding an Accident Insurance Case

Summary of the Facts

A.________, a 1965-born insured person, suffered a traffic accident as a pedestrian on January 21, 2020, resulting in a trauma to her left leg. Allianz Suisse acknowledged the legal benefits initially but later suspended them based on medical assessments. The insured person lodged an objection, which was confirmed by Allianz in subsequent decisions. Both the cantonal insurance court of the canton of Ticino and the Federal Court dealt with the evaluation of medical reports and the question of entitlement to benefits such as daily allowances, medical costs, disability pension, and integrity damage compensation (IMI).


5A_430/2025: Inadmissibility of an Appeal Against a Cantonal Last Instance Provisional Order

Summary of the Facts

In this case, the appellant A.________ challenged a provisional order of the Appellationsgericht Basel-Stadt dated May 27, 2025. The order concerned a change in the custody arrangement for his two children B.________ and C.________ as well as the establishment of a guardianship. The appellant filed a submission termed "constitutional appeal" with the Federal Court with various requests, including the annulment of the order and the determination of a violation of fundamental rights.


9C_409/2024: Decision of the Federal Court Regarding Daily Allowance Claims During Vocational Training According to LAI

Summary of the Facts

The Federal Court examined A.________'s claim for disability insurance daily allowances during her vocational training at school B.________ since October 2019. The insured person argued that her complete blindness prevented her from engaging in paid employment alongside her training, resulting in an economic disadvantage. The lower court rejected the claim for daily allowances and the lawsuit.


8C_324/2024: Judgment on the Termination of Accident Insurance Benefits

Summary of the Facts

The insured A.________ suffered a rear-end collision on October 27, 2020, which resulted in a distortion trauma of the cervical spine. Suva terminated the insurance benefits on November 23, 2022, effective December 15, 2022, as the remaining complaints could no longer be attributed to the accident event. The objection decision confirmed this. The cantonal insurance court of Solothurn dismissed the subsequent appeal. A.________ requested clarification through a judicial report and the continuation of the benefits before the Federal Court.


5F_11/2025: Decision of the Federal Court Regarding the Inadmissibility of a Revision Appeal

Summary of the Facts

A.________ SA filed a request for revision against an earlier decision of the Federal Court (Judgment 5A_83/2025 of February 27, 2025). This revision request was related to a decision of the cantonal supervisory authority in a debt enforcement matter and to the dispute over outstanding payment amounts claimed by B.________ SA against A.________ SA.


5A_419/2025: Decision on Legal Aid in Child Protection Proceedings

Summary of the Facts

The appellant, father of three children, submitted a request for legal aid in connection with the challenge of a KESB decision for the proceedings before the Cantonal Court of Thurgau. This request and a subsequent request for reconsideration were rejected. The appellant sought the annulment of the cantonal court decision before the Federal Court but primarily argued in an appellate manner.


6B_337/2024: Judgment Regarding Fraud, Sentencing, and Burden of Justification

Summary of the Facts

The appellant A.________ was convicted in the first instance for various offenses, including fraud (faking a burglary). The lower court partially confirmed the judgment, particularly the conviction regarding the fabricated burglary, and set the prison sentence at 39 months. The appellant challenged the judgment with the primary demand for acquittal regarding the fraud charge and requested a lighter sentence.


6B_51/2024: Judgment of the Federal Court

Summary of the Facts

A.________ was convicted in the cantonal courts for several offenses, including rape (Art. 190 para. 1 and 3 StGB), threats (Art. 180 StGB), defamation (Art. 177 StGB), violations of the Migration Act and the Narcotics Act. He was particularly accused of the special circumstances of his relationship with B.________ and repeated incidents of violence and threats between June 2021 and June 2022. A.________ appealed, resulting in a partial modification of the conviction. Before the Federal Court, A.________ contested the cantonal judgment, claiming among other things an erroneous evaluation of evidence and a violation of the principle of "in dubio pro reo".


2C_295/2025: Decision on Entry for Unemployed Residence with a Son According to Art. 28 AIG

Summary of the Facts

The North Macedonian nationals A.________ and B.________, born in 1946 and 1948, applied to the Migration Office Zurich on September 7, 2023, for a residence permit for unemployed residence with their son, who is a Swiss citizen. The application was denied, and subsequent appeals to the security directorate and the administrative court of the canton of Zurich were unsuccessful.


6B_39/2025: Judgment Regarding Offenses According to LEI and Penal Code as well as Procedural Questions

Summary of the Facts

The appellant was convicted by the Tribunal de police of the canton of Geneva for offenses under the federal legislation on foreigners and integration (LEI), as well as for forgery and attempted fraud against authorities. The sentence included 150 daily rates of 90 CHF, suspended with a three-year probation period. The charges involve among other things the submission of forged documents to obtain a residence permit. The cantonal appeals court confirmed the judgment. The appellant appealed to the Federal Court.


1C_16/2025: Decision on an Interim Order Regarding the Suspension of a Building Permit Procedure

Summary of the Facts

The appellants A.A.________ and B.A.________ requested the Administrative Court of the canton of Aargau to suspend the procedure for reviewing the conditions for two beehive houses until the enactment of a legislative amendment to the spatial planning law. The instructing judge rejected the request. The appellants lodged a complaint in public law before the Federal Court.


5D_55/2024: Dispute over Heir Certificate and Interpretation of Executor Provisions

Summary of the Facts

The appellant A.________ and the respondent B.________, both daughters of the predeceased husband of the testatrix C.________, dispute the design and cost regulation of the heir certificate after her death. A.________ requested amendments to the heir certificate regarding the cost regulation and the representation of the substitute executor, G.________ GmbH, and demanded that the issued heir certificate be returned to the respondent and a new one issued. The Cantonal Court of Zurich partially rejected the initial requests and changed the cost allocation, but did not issue a new heir certificate. The request for the return of the heir certificate by B.________ was dismissed by the Cantonal Court. A.________ filed a subsidiary constitutional appeal with the Federal Court against this judgment.


5F_13/2025: Revision of the Inadmissible Decision

Summary of the Facts

A.________ SA requested the Federal Court to revise the decision issued on February 27, 2025 (5A_149/2025). This decision concerned an appeal previously declared inadmissible in another proceeding against a provisional enforcement decision. The revision was requested based on Art. 121 lit. c, 122, and 123 BGG. Additionally, A.________ SA requested a precautionary measure to suspend the enforcement of the decision of the competent justice of the peace.