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 dispositions. For the further 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.
7B_105/2025: Decision on the inadmissibility of a criminal appeal
Summary of the facts
The Federal Court is dealing with an appeal from A.________ against a decision of the Central Public Prosecutor of the Canton of Vaud. The subject of the proceedings is the rejection of a request for the rejection of a police officer from the Department of Environment of the Canton of Vaud by the lower court. This is based on allegations against the police officer regarding alleged racist and uncooperative actions. A prior decision of the Public Prosecutor's Office was overturned and dismissed by the Federal Court, after which the Public Prosecutor's Office rejected the request again after a renewed examination.
Summary of considerations
- **E.1**: The Federal Court declares the appeal inadmissible as it was not sufficiently substantiated. According to Art. 42 para. 2 BGG, it is required that the reasoning specifically addresses the discussions of the lower court. However, A.________ only presents general and appellate arguments, which do not sufficiently specify or make plausible the alleged violation. - **E.2**: The appeal by A.________ concerning the rejection of the prosecutor Éric Mermoud is also inadmissible. A.________ did not raise this accusation in the cantonal proceedings and thus did not meet the requirements of Art. 80 para. 1 BGG, which demands the exhaustion of cantonal instances. - **E.3**: The Federal Court states that the appeal does not meet the procedural requirements according to Art. 108 para. 1 lit. b BGG and is therefore dismissed in the simplified procedure.
Summary of the disposition
The appeal is declared inadmissible, and the court costs are imposed on A.________.
5F_32/2025: Decision on the request for revision regarding child abduction
Summary of the facts
The unmarried parents A.________ (applicant) and B.________ (respondent) are disputing the whereabouts of their son C.________, born in 2017. According to the Convention on the Civil Aspects of International Child Abduction (CLaH80), the cantonal court ordered in January 2025 the return of the child to France, as the transfer to Switzerland constituted an unlawful removal. The decision was confirmed by the Federal Court. Subsequently, A.________ filed a request for revision against the corresponding Federal Court decision, based on newly presented circumstances such as the health needs of the child and procedural deficiencies.
Summary of considerations
- E.1: Revision requests concern decisions of the Federal Court, which according to Art. 61 BGG cannot generally be contested further, except through an extraordinary revision according to Art. 121-123 BGG. A clear and specific justification is required for acceptance.
- E.2: The request was submitted in proper form and is based on Art. 123 para. 2 lit. a BGG. It is generally admissible.
- E.3:
- 3.1: The procedural defect raised, that the basis for the return of the child to France was erroneous because a French decision on parental custody was not yet final, is dismissed. On the one hand, the mother conducted the corresponding French legal remedy procedure herself and was therefore aware of the circumstances. On the other hand, it remains crucial that the father had parental custody and therefore his consent for the transfer to Switzerland was required.
- 3.2: Newly submitted medical evidence regarding the health status of the child (autism and stress issues) does not meet the legal requirements for a revision. They should have been asserted in a renewed cantonal procedure.
- E.4: Claims regarding an allegedly impartial composition of the court as well as an explicit objection of bias are declared inadmissible due to lack of substantiated justification.
Summary of the disposition
The request for revision was declared inadmissible, the request for free legal assistance was rejected, and court costs were imposed.
2C_293/2025: Ruling on the recovery of Covid hardship assistance
Summary of the facts
The A.________ GmbH received financial support of CHF 30,000 as part of the cantonal Covid-19 hardship program of the Canton of Obwalden. In July 2024, the Department of Economic Affairs of the Canton of Obwalden ordered that the entire amount be refunded since the requested accounting documents were not submitted on time. A.________ GmbH filed a complaint against this recovery order with the Department of Education and Culture of the Canton of Obwalden, which did not address the complaint due to late submission. The Administrative Court of the Canton of Obwalden confirmed this decision. A subsequent complaint to the Federal Court was not admitted for examination.
Summary of considerations
- **E.1:** The Federal Court found that complaints in public law matters are generally admissible, as the recovery of subsidies does not fall under the exclusion according to Art. 83 lit. k BGG. - **E.2.1:** Legal documents must contain fact-based justifications that address the previous court's decision. - **E.2.3:** The lower court correctly determined that the complaint submitted by A.________ GmbH was late. A restoration of the deadline is not possible, as the omission was not justified. Cantonal law was not applied arbitrarily. - **E.2.4:** A.________ GmbH's submission to the Federal Court does not contain a substantial engagement with the considerations of the lower court and does not meet the qualified complaint requirement. - **E.3:** The complaint is obviously unfounded, which is why it is not considered.
Summary of the disposition
The complaint was deemed unfounded, and the imposition of court costs was decided.
4A_131/2025: Ruling on local jurisdiction and free legal assistance
Summary of the facts
The complainant A.________ wanted to assert claims for damages against the savings bank B.________ (Germany) for alleged procedural fraud before German courts. He requested pre-litigation free legal assistance from the District Court of Kreuzlingen, which declined it due to lack of local jurisdiction. The Cantonal Court of Thurgau confirmed this decision. The complainant filed a complaint with the Federal Court.
You can find the complete summary of the ruling in the Portal.
4A_78/2024: Decision on international arbitration
Summary of the facts
The ruling deals with the claim of 19 heirs of shareholders of the Libyan company T.________ against the State of Libya. The heirs demand compensation owed to them due to the earlier expropriation of the company by the Libyan regime in 1970. Since the Libyan national authorities and courts have not taken adequate steps toward compensation, an international arbitration procedure was initiated under the "OIC-Investment Agreement", whose seat is in Geneva. The plaintiffs rely on the protective provisions of the agreement.
You can find the complete summary of the ruling in the Portal.
8C_188/2025: Inadmissibility of a social law appeal
Summary of the facts
A.________ and B.________ applied to the Office cantonal du logement et de la planification foncière (OCLPF) in the Canton of Geneva for housing assistance, which was denied on October 30, 2024. The appeal filed against this was also rejected by the cantonal judiciary on February 18, 2025. A.________ filed an appeal with the Federal Court on March 25, 2025, which examined the matter.
You can find the complete summary of the ruling in the Portal.
7B_114/2023: Decision regarding traffic criminal law and procedural law
Summary of the facts
A.________, a plumber in the Canton of Vaud, was convicted by a lower cantonal instance for various traffic offenses (speeding, insufficient distance, violation of regulations regarding highway stickers) as well as for obstructing a measure to determine driving ability. He appealed to the Federal Court and raised various objections, including the right to a hearing and the alleged illegality of the collection of evidence.
You can find the complete summary of the ruling in the Portal.
9C_283/2025: Non-admittance of an appeal regarding state and municipal taxes of the Canton of Thurgau
Summary of the facts
A.________ filed a complaint against a decision of the Administrative Court of the Canton of Thurgau regarding state and municipal taxes. The Administrative Court had deemed a cost advance of CHF 1,000.- as lawful and set a deadline for payment.
You can find the complete summary of the ruling in the Portal.
8C_284/2025: Ruling on the challengeability of an interim decision in the context of unemployment insurance proceedings
Summary of the facts
The appellant A.________ was excluded from entitlement to unemployment benefits by the Syna unemployment fund due to indications of self-inflicted unemployment from August 1, 2024, for 31 days. The corresponding objection procedure was suspended by the unemployment fund until the conclusion of an employment law procedure. The appeal against this was declared inadmissible by the Social Insurance Court of the Canton of Zurich on March 21, 2025, with an interim ruling. The appellant then appealed to the Federal Court.
You can find the complete summary of the ruling in the Portal.
5A_98/2025: Decision regarding the appointment of a guardianship with asset management
Summary of the facts
A.________, born in 1949, is the owner of two properties in Switzerland. Following a report about the dilapidated state of one of his properties, the Child and Adult Protection Authority (KESB) of Zug initiated a procedure that led to the establishment of a guardianship with asset management. The Administrative Court of the Canton of Zug dismissed the affected person's appeal against this decision. A.________ requested the Federal Court to annul the decision and to determine that he does not need a guardian and to have his costs covered by the KESB.
You can find the complete summary of the ruling in the Portal.
7B_704/2024: Decision on the request for reinstatement in the deadline for objection against a penalty order
Summary of the facts
A.________ was penalized by a penalty order for defamation and assault with a fine of seven daily rates and a fee. When attempting to file an objection against the penalty order, A.________ mistakenly used the wrong address of his lawyer, resulting in a late objection procedure. He subsequently requested reinstatement in the deadline, which was rejected by both the competent public prosecutor and the cantonal criminal chamber.
You can find the complete summary of the ruling in the Portal.
8C_227/2025: Non-admittance of an appeal in the field of social assistance
Summary of the facts
The complainant A.________ appealed against the non-admittance order of the Administrative Court of the Canton of Zurich dated March 3, 2025, regarding social assistance. Subsequently, he submitted a request for free legal assistance, which was rejected by the Federal Court on May 5, 2025. The complainant was then required to pay a cost advance within a deadline until May 26, 2025, which he failed to do.
You can find the complete summary of the ruling in the Portal.
7B_399/2025: Withdrawal of the legal remedy and discontinuation of the proceedings
Summary of the facts
The complainant A.________ had filed several legal remedies against a decision of the 2nd Chamber of the Cantonal Court of Bern dated April 17, 2025. On May 19, 2025, she declared in writing to the Federal Court that she wished to waive the proceedings and withdraw. This was interpreted as a withdrawal of the legal remedy.
You can find the complete summary of the ruling in the Portal.
2C_303/2023: Decision regarding the reconsideration of a determination on the non-permission requirement according to the Federal Act on the Acquisition of Real Estate by Persons Abroad (BewG)
Summary of the facts
The proceedings concern the complaint of the Federal Office of Justice against a decision of the Administrative Court of Nidwalden regarding the reconsideration of a determination on the non-permission requirement according to the Federal Act on the Acquisition of Real Estate by Persons Abroad (BewG). The determined service flat rate and the obligation to re-rent hotel apartment units in connection with a resort project are at the center of the legal dispute. In the contested decision, the Administrative Court returned the matter to the Department of Justice and Security to recalculate and more clearly define the service flat rate. However, it rejected an explicit obligation to re-rent the residential units that the Federal Office of Justice had demanded. The Federal Court examined whether the prior court's referral decision is an appealable interim decision.
You can find the complete summary of the ruling in the Portal.
9C_225/2025: Admissibility of a legal remedy
Summary of the facts
The complainant A.________ filed a complaint on March 27, 2025, against a decision of the Cour de justice of the Republic and Canton of Geneva dated March 4, 2025, whereby he did not attach the complete decision of the cantonal instance, but only submitted its disposition. The Federal Court instructed the complainant with a decision on April 2, 2025, to rectify this deficiency by April 28, 2025, warning that otherwise his submission would not be considered. The complainant submitted only additional documents within the deadline, but not the complete decision.
You can find the complete summary of the ruling in the Portal.
4A_630/2024: Ruling regarding the employment reference and cost regulation
Summary of the facts
The employee A.________ was employed by the respondent, a healthcare institution. The dismissal occurred after conflicts over adherence to Covid protection measures, and a reference was included in the employment reference regarding this. A.________ demanded that this sentence be deleted and contested the cost regulation of the lower court. His claims were largely dismissed by the labor and appellate courts. With a civil appeal and subsidiary constitutional complaint, he requested again from the Federal Court the deletion of the sentence and a reduction of the awarded party compensation.
You can find the complete summary of the ruling in the Portal.
8C_226/2025: Non-admittance of the appeal due to non-payment of cost advance
Summary of the facts
The complainant A.________ filed a complaint against a non-admittance order of the Administrative Court of the Canton of Zurich in connection with social assistance. The Federal Court set a non-extendable deadline for him to pay the cost advance after the request for free legal assistance had been rejected. The cost advance was not paid within the set deadline.
You can find the complete summary of the ruling in the Portal.
9C_669/2024: Qualification of payments to participating certificate holders as relevant salary under social insurance law
Summary of the facts
The A.________ AG requested the withdrawal of a decision by the compensation fund Schwyz and the Administrative Court of the Canton of Schwyz, which had qualified distributions to two of its participating certificate holders/shareholders, C.________ and D.________, as contribution-liable relevant salary. This concerned payments that were recorded as profit shares from 2018 to 2022. The complainant argued that the payments should be regarded as dividends and not as salary.
You can find the complete summary of the ruling in the Portal.
1C_212/2024: Decision on the planning approval procedure for a federal asylum center
Summary of the facts
The State Secretariat for Migration (SEM) applied for a planning approval procedure for the construction of a federal asylum center at the Haselbach site in Rümlang (ZH). Against the approval order of the Federal Department of Justice and Police (EJPD), A.________ filed an objection and later a complaint with the Federal Administrative Court, which partially supplemented the planning approval. A.________ then appealed to the Federal Court.
You can find the complete summary of the ruling in the Portal.