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.
8C_225/2025: Non-admission of a complaint regarding supplementary benefits for AHV/IV due to insufficient justification
Summary of the Facts
The complainant A.________ challenged a decision of the Social Insurance Court of the Canton of Zurich, which declared itself functionally incompetent to handle the complaint submitted by him. The matter was instead referred to the respondent (City of Wallisellen). The Federal Court examined the complaint raised against this decision, particularly with regard to the justification and any potentially irremediable legal disadvantage.
Summary of the Considerations
E.1: According to Art. 42 para. 1 and 2 BGG, the complaint must contain the requests and their justification; it must be shown how the challenged decision violates the law. In referral decisions, it is additionally necessary to address the reasons for non-treatment and any irremediable legal disadvantage. E.2: The Social Insurance Court declared itself functionally incompetent and referred the matter to the respondent for a decision on the appeal. E.3: The complainant did not adequately address the reasoning of the lower court and could not demonstrate any irremediable legal disadvantage. The cantonal legal remedy remains open after the decision on the appeal. E.4: Due to insufficient justification, the complaint is declared obviously inadmissible, so it is not admitted in simplified proceedings (Art. 108 para. 1 lit. a and b BGG). E.5: Repeated similar submissions can be filed without response. E.6: Court costs are exceptionally not imposed (Art. 66 para. 1 sentence 2 BGG).
Summary of the Dispositive Part
The complaint is not admitted, no court costs are imposed, and the judgment is communicated in writing.
1C_284/2024: Decision regarding the approval of construction projects in the agricultural zone
Summary of the Facts
The Federal Court deals with a construction project in the agricultural zone on parcel No. 3170 in the municipality of Blonay-Saint-Légier. The owner, a farmer, intends to establish a cheese factory and a residence in a mountain chalet. Despite previous disputes and unauthorized renovations, the municipality approved the project. There was an appeal from neighboring property owners, which was rejected by the cantonal court instance, as the project was deemed necessary for agricultural use.
Summary of the Considerations
E.1: The legal remedy is admissible, as the cantonal decision is final and the construction project concerns public law. However, the complainants' demand regarding the obligation to dismantle is inadmissible. E.2: The construction project is justified according to the requirements of spatial planning (Art. 22 para. 2 lit. a LAT and Art. 34 para. 4 OAT). In particular, it meets the criteria of necessity for agricultural use. E.2.5: The choice of location was objectively assessed as necessary. The distance to the existing alpine complex (Mousse) and local topographical conditions justify the establishment of the new facility. E.2.6: The economic viability of the project appears plausible, according to the examination by the cantonal authorities. A dismantling of the facility in case of abandonment of agricultural use is mandatorily provided. E.3: The planned living space meets the requirements of the OAT, but is spaciously dimensioned. The constant presence on the alp was confirmed as necessary, particularly for the care of livestock and dairy farming. E.4 to E.6: Secondary aspects such as parking spaces, alleged legal violations, and demands for a dismantling order were either deemed unfounded or not relevant for the decision.
Summary of the Dispositive Part
The legal remedy is dismissed and the costs are imposed on the complainants.
8C_297/2025: Judgment on the non-admission of a complaint regarding supplementary benefits for AHV/IV
Summary of the Facts
The complainant filed a complaint against the judgment of the Social Insurance Court of the Canton of Zurich regarding the calculation of supplementary benefits for AHV/IV. The subject of the dispute was particularly the consideration of housing costs and rental income in the relevant period.
Summary of the Considerations
- **E.1:** According to Art. 42 BGG, a complaint must contain the requests and their justification. It must be specifically stated which legal provisions were violated by the lower court. A purely appellate criticism is insufficient.
- **E.2:** Deadlines for legal remedies are not extendable (Art. 47 para. 1 BGG). A later submission of justifications or a request for free legal assistance does not change this.
- **E.3:** The cantonal court had already recognized the rent attributable to the complainant as an expense in the decision on the appeal and decided not to account for any rental income. This was the basis for a later determination of benefits.
- **E.4:** The complainant criticized the lower court's findings regarding the living conditions but did not explain how the evidentiary assessment of the lower court could have been erroneous.
- **E.5:** Since the complaint obviously does not meet the requirements for sufficient legal justification, it is not admitted in simplified proceedings (Art. 108 para. 1 lit. b BGG).
- **E.6:** The request for free legal assistance is dismissed due to the hopelessness of the complaint.
- **E.7:** The imposition of court costs is waived exceptionally (Art. 66 para. 1 sentence 2 BGG).
Summary of the Dispositive Part
The complaint is not admitted, the request for free legal assistance is dismissed, and no court costs are incurred.
9C_289/2025: Decision regarding the exemption tax liability and deadline preservation
Summary of the Facts
A.________ submitted a complaint on May 23, 2025, against the decision of the cantonal court in the Canton of Fribourg dated November 21, 2024. The cantonal ruling concerned a matter of military duty replacement tax for the tax periods from 1969 to 1992. The delivery of the judgment was initially unsuccessful and was resent by simple letter on December 5, 2024, after a return. According to the statements, the statutory deadline for appealing the ruling before the Federal Court began on December 3, 2024, due to the fiction of delivery.
You can find the complete summary of the judgment in the portal.
6B_509/2025: Inadmissibility of a criminal law appeal
Summary of the Facts
1. The complainant informed the Federal Court of his intention to appeal the cantonal judgment and requested an official defender. 2. The Federal Court informed him that he would have to contact a lawyer himself, who would then apply for his appointment if necessary. No further action was taken by the complainant. 3. According to Art. 54 para. 1 BGG, the language of the proceedings is that of the contested decision, here French. 4. According to Art. 42 para. 1 and 2 BGG, legal remedies must be submitted with indications of reasoning, requests, and any evidence and must be signed. The submission of the complainant did not meet these requirements. 5. The Federal Court found that the appeal lacks sufficient justification and is therefore obviously inadmissible. The request for free legal assistance also becomes moot.
You can find the complete summary of the judgment in the portal.
8C_288/2025: Decision regarding the procedural requirements of a complaint before the Federal Court
Summary of the Facts
The complainant A.________ appeals against the judgment of the Insurance Court of the Canton of Solothurn dated March 20, 2025, in connection with a cantonal social insurance matter. The Federal Court examines whether the necessary procedural requirements for the complaint are met.
You can find the complete summary of the judgment in the portal.
9C_277/2025: Procedural requirements of the complaint
Summary of the Facts
The complainant A.________ filed a complaint with the Federal Court against a judgment of an unspecified lower court regarding compensation for helplessness. The legal document had a formal defect because it was submitted without a copy of the lower court decision. The complainant was given the opportunity to rectify this defect according to Art. 42 para. 5 BGG within a subsequent deadline, but did not comply with this request.
You can find the complete summary of the judgment in the portal.
1C_210/2025: Decision on the admissibility of the legal remedy regarding the building permit
Summary of the Facts
The complainants A.A.________ and B.A.________ challenged the building permit of the municipality of Tolochenaz dated January 15, 2024, which was granted to the respondent C.________ for the construction of a building with mixed use. The cantonal administrative chamber had partially revoked this permit, namely for the planned use of the basement as a workshop with sanitary facilities, and confirmed it otherwise. In this case, the complainants demanded the complete revocation of the building permit.
You can find the complete summary of the judgment in the portal.
9C_7/2025: Cost coverage of a replacement prosthesis by disability insurance
Summary of the Facts
The insured A.________ suffered a workplace accident in 2022, resulting in the amputation of his left leg above the knee. The accident insurance (Suva) provided him with a knee prosthesis of the type "Kenevo". In 2023, A.________ applied to the disability insurance (UAI) for coverage of a new, more expensive prosthesis "Genium X3," after Suva denied primary responsibility for this. The UAI rejected the application, as the accident insurance had already paid for a prosthesis and there was no obligation to provide benefits according to the priority rules of social insurances (Art. 65 LPGA). The cantonal insurance court confirmed the decision of the UAI. A.________ then filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the portal.
5A_436/2025: Decision in the marriage protection proceedings regarding custody and maintenance arrangement
Summary of the Facts
A.________ and B.________, parents of two minor children, had submitted a joint divorce request, which was dismissed by withdrawal of the complaint. Subsequently, the district court issued a marriage protection decision, placing the children under the custody of the mother and regulating visitation rights and extensive child and spousal maintenance payments by the father. An appeal against this decision to the Higher Court of the Canton of Aargau was unsuccessful.
You can find the complete summary of the judgment in the portal.
1C_215/2025: Decision regarding the withdrawal of the permit to conduct teaching substitutes
Summary of the Facts
The complainant A.________ was employed as a teacher for long-term substitutes at the Department of Public Education, Vocational Training and Youth of the Canton of Geneva. Due to multiple behaviors deemed inappropriate towards female students, the department terminated his contract without notice and revoked his approval to conduct further substitutes. The complainant appealed against this decision, which was ultimately rejected by the Administrative Chamber of the Court of Justice of the Canton of Geneva. This decision was assessed by the Federal Court in the present judgment.
You can find the complete summary of the judgment in the portal.
5A_218/2025: Judgment on the question of the disqualification of a judge and court clerk in maintenance proceedings
Summary of the Facts
The separated parents of a child conducted proceedings before the District Court of Meilen regarding maintenance and child matters. The father submitted a super-provisional measure request for sole custody, which was rejected. During the proceedings, an external expert expressed rejection over the father's application by phone; this call was not recorded. A disqualification request against the responsible judge and court clerk was ultimately dismissed by the Higher Court of the Canton of Zurich.
You can find the complete summary of the judgment in the portal.
9C_631/2024: Decision on the new application and disability assessment in the context of disability insurance
Summary of the Facts
A.________ successfully applied for a half-disability pension starting in 1993. The pension was revoked over several revisions until 2017 based on a multidisciplinary expert report. The insured submitted a new benefits request in 2021 and provided reports from his treating doctors. The cantonal Office for Occupational Pension and Disability (IV-Stelle) rejected the request after an internal medical assessment. The cantonal court confirmed this decision, as no relevant change in health status was found.
You can find the complete summary of the judgment in the portal.
9C_58/2025: Tax treatment of pension arrears from disability insurance
Summary of the Facts
A.________, who received a retroactive payment of pensions from disability insurance in the 2021 tax period, objected to the tax treatment of this payment by the Cantonal Tax Office of Zurich. Part of the payment was directly transferred to the social welfare office to settle previous support. A.________ argued that only the amount paid to him should be taxed, not the amount billed to the social welfare office. However, the tax office and the prior instances insisted on the full taxation of the pension arrears.
You can find the complete summary of the judgment in the portal.
2C_304/2025: Judgment regarding the non-renewal of the residence permit and late complaint
Summary of the Facts
The complainant (A.________), a Nigerian national, entered Switzerland in 2023 and received a residence permit due to marriage to a Swiss citizen. After the marital separation, the migration office of the Canton of Zurich refused to renew the permit and set a departure deadline. The appeals filed against this were rejected by the Security Directorate of the Canton of Zurich and the Administrative Court of the Canton of Zurich. The complainant filed a late complaint with the Federal Court and requested the restoration of the complaint deadline and the issuance of a residence permit.
You can find the complete summary of the judgment in the portal.
5F_29/2025: Judgment on the request for revision regarding judgment 5A_197/2025
Summary of the Facts
The applicant A.________ submitted a request for revision against an earlier judgment of the Federal Court (5A_197/2025), which dealt with a complaint against the rejection of his request for bankruptcy due to insolvency. He invoked Art. 121 lit. c and d BGG, claiming that documented facts were disregarded and legal applications were incorrect.
You can find the complete summary of the judgment in the portal.
5A_409/2025: Decision on the question of jurisdiction regarding internal court referral orders
Summary of the Facts
The case concerns the auction of a property in the context of a court-ordered inheritance division after the death of the deceased D.________. After the death of his wife E.________ and the auction, a co-heir filed a complaint claiming that the realization was faulty. The cantonal appellate authority referred the complaint to the responsible administrative commission, thereby raising the question of jurisdiction within the Supreme Court.
You can find the complete summary of the judgment in the portal.
1C_4/2025: Judgment on facilitated naturalization
Summary of the Facts
The complainant A.________ submitted an application for facilitated naturalization to the State Secretariat for Migration on July 11, 2022, based on his marriage to a Swiss citizen. The application was rejected on November 7, 2023, due to insufficient integration, particularly due to inadequate knowledge about Switzerland and a conditional sentence recorded in the criminal record of over 90 daily rates. The complainant appealed this decision to the Federal Administrative Court, which was rejected on December 4, 2024. He then filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the portal.
4A_389/2024: Decision on the creditor's action of a bank against a customer
Summary of the Facts
An Israeli entrepreneur with a "professional" investor profile entered into a Lombard credit agreement with the bank B.________ SA. Due to market turbulence at the beginning of the COVID-19 pandemic, his portfolio fell into a shortfall. After a "margin call," the bank liquidated the collateral and demanded the repayment balance. Following an unsuccessful payment claim before the Pretura and partial confirmation by the Cantonal Court, the customer filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the portal.
5A_437/2025: Decision on non-admission regarding the return of a property
Summary of the Facts
The complainant demanded the return of a property and requested free legal assistance. Due to non-payment of the cost advance, the Solothurn-Lebern court did not address the claim. The Cantonal Court of Solothurn also rejected the complainant's appeal and denied the request for free legal assistance due to lack of prospects of success. With a civil complaint, the complainant approached the Federal Court.
You can find the complete summary of the judgment in the portal.
6B_77/2025: Inadmissibility of a criminal law appeal due to non-payment of advance payments
Summary of the Facts
The complainant A.________ filed an appeal against a criminal judgment of the Cantonal Court of Neuchâtel, which concerned, among other things, offenses related to the Narcotics Act, complicity, assistance, and sentencing. In the proceedings before the Federal Court, A.________ refused the required advance payment for court costs, so the Federal Court did not address the appeal due to formal inadmissibility.
You can find the complete summary of the judgment in the portal.
5A_400/2025: Jurisdiction of the cantonal supervisory authority in inheritance matters
Summary of the Facts
The complainant, as a statutory heir in a disputed group of heirs after D.________, challenged the order of the II Civil Chamber of the Cantonal Court of Zurich, which had referred her complaint to the administrative commission for jurisdiction. The dispute concerns the fee statement of the municipal clerk's office in connection with the public auction of a property belonging to the estate. The complainant's mother, E.________, passed away during the proceedings, and the complainant demanded the accounting as of the date of her mother's death.
You can find the complete summary of the judgment in the portal.
8C_312/2025: Judgment on the procedural requirement in a complaint in the area of disability insurance
Summary of the Facts
The complainant A.________ filed a complaint against the judgment of the Social Insurance Court of the Canton of Zurich, which confirmed her claims for a disability pension according to the decision of the IV-Stelle of the Canton of Zurich. She particularly criticized the findings regarding the determination of her valid income as a healthy person. Before the Federal Court, she argued that the findings of the lower court were incorrect and violated federal law.
You can find the complete summary of the judgment in the portal.
7B_589/2023: Discontinuation of a criminal investigation and the right to appeal
Summary of the Facts
A.________ was questioned by the police and temporarily detained in connection with a criminal complaint by his subtenant for violence and theft. He then filed a criminal complaint against two police officers, accusing them of abuse of authority and arbitrary deprivation of liberty. After the conclusion of the internal police investigation and criminal proceedings, the public prosecutor issued a discontinuation order. The complainant's appeal against this order was not upheld by the cantonal appeals chamber. A.________ filed a complaint with the Federal Court and demanded the conviction of the police officers.
You can find the complete summary of the judgment in the portal.
7B_524/2025: Decision on an obviously inadmissible legal remedy in criminal law
Summary of the Facts
The complainants A.________ and B.________ filed a complaint in criminal matters with the Federal Court on May 12 and 28, 2025. They criticized a refusal of justice or an unreasonable delay by the Cantonal Prosecutor's Office of Geneva in connection with a criminal complaint filed in June and July 2024.
You can find the complete summary of the judgment in the portal.
9C_119/2025: Disability pension: Retroactive limitation and usability of work ability in advanced age
Summary of the Facts
A.________, born in May 1963, registered for benefits with disability insurance in June 2016. The IV-Stelle of the Canton of St. Gallen granted him a quarter pension from December 1, 2016, to June 30, 2017, based on several medical reports. The Insurance Court of the Canton of St. Gallen changed this and granted him a full disability pension for the period from December 1, 2016, to May 31, 2017, while rejecting the pension request for the period thereafter.
You can find the complete summary of the judgment in the portal.
5A_432/2025: Judgment on the non-admission of a complaint against a seizure certificate
Summary of the Facts
The complainant filed a complaint against the seizure certificate of the Enforcement Office Grenchen-Bettlach and against the entire supervisory authority of the Canton of Solothurn. The supervisory authority did not admit the complaint and the request for disqualification. The complainant then requested the disqualification of various federal judges before the Federal Court.
You can find the complete summary of the judgment in the portal.
8C_285/2025: Non-admission of a complaint due to refusal or delay of justice
Summary of the Facts
The complainant filed a complaint with the Federal Court and claimed a refusal or delay of justice in the proceedings before the respondent. The Social Insurance Court of Basel-Stadt denied the existence of a delay or refusal of justice in the previous decision. The complainant did not provide sufficiently justified objections against the findings of facts and legal considerations before the Federal Court.
You can find the complete summary of the judgment in the portal.
5A_397/2025: Property encroachment
Summary of the Facts
An owner (complainant) demands measures from a neighbor (respondent) due to water ingress and damaging root growth on his property. The demands were rejected in the lower instances. The complainant ultimately submitted a petition to the Federal Court.
You can find the complete summary of the judgment in the portal.
5A_224/2025: Parental custody and maintenance contributions
Summary of the Facts
The case concerns parental custody and maintenance contributions of an unmarried couple for their minor child C.________. The court of first instance decided in 2023 to award custody to the mother and ordered the father to pay a maintenance contribution of 900 CHF per month. The court of appeal (Civil Chamber of the Canton of Geneva) partially changed this decision and ordered a variable maintenance arrangement, establishing a flat-rate payment retroactively as well as a graduated monthly payment until the child reaches adulthood or beyond in the case of serious training. The father appealed this decision to the Federal Court.
You can find the complete summary of the judgment in the portal.
5G_3/2025: Decision on a complaint regarding the non-acceptance of an extension of time for a request to correct a Federal Court judgment
Summary of the Facts
The complainant A.________ submitted a request on April 5, 2025, to correct a previous Federal Court judgment (5A_814/2024). The Federal Court set an advance payment of 1,500 CHF due by May 22, 2025. After a timely request for an extension of time, an extension until June 2, 2025, was granted. However, the payment was made late on June 3, 2025.
You can find the complete summary of the judgment in the portal.