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 with facts, considerations, and dispositions. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There, you can configure your newsletter and receive the latest rulings tailored to your areas of law.
5A_66/2025: Ruling on bankruptcy opening and revision
Summary of the facts
A.________ requested the opening of bankruptcy against B.________ without prior enforcement according to Art. 190 SchKG. The regional court opened the bankruptcy, but the appellate court annulled this decision as inadmissible. A.________ submitted a request for revision due to a reason for recusal, which was deemed inadmissible by the appellate court. A.________ then filed two complaints in civil matters before the Federal Court.
Summary of the considerations
- **E.1**: The proceedings 5A_66/2025 and 5A_67/2025 are consolidated. - **E.2**: The appellate court was not competent to handle the recusal request against presiding judge C.________, as it was submitted within the appeal period and the appeal route had to be followed. The Federal Court confirms the incompetence. A separate recusal request against presiding judge D.________ was deemed late and unsubstantiated. - **E.3.5 to E.5.5**: The Federal Court examined the proof of unknown residence or fraudulent actions (Art. 190 para. 1 no. 1 SchKG) and concluded that no grounds for bankruptcy were credibly established. Indications of a specific residence of the debtor (Singapore) as well as a work permit and a registered residential address refuted the claim of unknown residence. - **E.6 to E.7**: Further bankruptcy grounds such as payment cessation (Art. 190 para. 1 no. 2 SchKG) were rejected, as the requirements were not met (missing commercial register entry). Additional facts regarding the bankruptcy grounds of fraudulent actions were not examined due to late submissions.
Summary of the disposition
The complaints were dismissed, the proceedings were consolidated, and court costs were imposed.
8C_650/2024: Decision on pension suspension due to violation of cooperation obligations
Summary of the facts
The complainant A.________, originally receiving a three-quarter pension from the disability insurance due to a complex hand injury, refused to cooperate in a review procedure that had been ongoing since December 2016 despite repeated requests and reminders from the IV office in Lucerne. Due to his culpable violation of the cooperation obligations according to Art. 43 para. 3 ATSG, the IV office immediately suspended the pension benefits. The Cantonal Court of Lucerne confirmed the pension suspension, leading the complainant to file an appeal with the Federal Court.
Summary of the considerations
Examination of the legal bases: The Federal Court addresses the requirements for appeals in public law matters and refers to the binding nature of the factual findings of the lower court according to Art. 105 para. 1 BGG. Disputed point: The legal admissibility of the pension suspension by the IV office is discussed. Reference to the correct presentation of the relevant legal norms by the Cantonal Court (Art. 109 para. 3 BGG). The lower court lawfully determined that the complainant culpably violated his cooperation obligations despite multiple requests, thereby justifying the IV office's immediate suspension of the pension. The proportionality of the legal action was assessed, as the pension suspension could be lifted if the complainant expressed his willingness to cooperate. The complainant's arguments regarding the illegality of the pension suspension are dismissed, particularly the objection that a once granted pension cannot be revoked. The pension suspension is a pure consequence of his violation of the cooperation obligations, not a revision of the pension amount. Summary confirmation of the pension suspension by the Federal Court. The complainant was unable to demonstrate any relevant legal violations. The request for free legal assistance was denied, as the appeal was deemed hopeless (Art. 64 para. 1 BGG).
Summary of the disposition
The appeal and the request for free legal assistance were dismissed, and court costs were imposed on the complainant.
8C_630/2024: Revision of the disability pension claim based on SMAB report
Summary of the facts
The complainant, A.________, has been receiving a full disability pension since 2000 due to a cervical spine condition and psychological complaints. The IV office Basel-Stadt revoked the pension entitlement after several medical investigations and based on an SMAB report dated February 2, 2023. The community disputed the admissibility of this pension revocation. The complainant disputed an improvement in his health status and opposed the assumption of aggravation.
Summary of the considerations
- **E.1:** The Federal Court independently examines the appeal in public law matters and bases the facts on the lower court's findings. - **E.2:** The central question is whether the pension entitlement could be revoked retroactively due to an improvement in health. - **E.3:** The lower court justified the pension revocation with a determined aggravation through neuropsychological tests and a validated examination result. The objectification of the feasibility of work performance was emphasized. - **E.4:** The SMAB experts assessed all relevant aspects in a multidisciplinary manner and concluded that there was full work capacity. The psychiatric expert could not make a diagnosis due to insufficient authentic information. Previous investigations provided no indication of aggravation, which is why a ground for revision was recognized in the current behavior. - **E.5:** The Federal Court confirmed the assessment of the lower court that the SMAB report is legally binding and that the pension revocation took place lawfully.
Summary of the disposition
The appeal was dismissed, and the costs were imposed on the complainant.
9C_215/2025: Decision regarding AHV old-age pension and revision request
Summary of the facts
The complainant A.________ appealed against two decisions of the Social Insurance Court of the Canton of Zurich: the dismissal of an appeal against the objection decision of the Zurich compensation office regarding AHV old-age pension and a non-admission decision on a revision request. The Federal Court examined the submissions of the complainant.
Complete summary of the ruling can be found in the portal.
7F_21/2025: Revision request against the Federal Court's non-admission decision
Summary of the facts
The applicant A.________ requests the revision of the Federal Court's ruling from March 31, 2025 (7B_224/2025), with which the court did not admit his complaint. He complains of various legal violations, particularly discrimination based on social origin and status, as well as the disregard of his legal rights. In addition, he criticizes the decision as formalistic and systematically flawed.
Complete summary of the ruling can be found in the portal.
9F_7/2025: Federal Court ruling on the revision request regarding occupational pension
Summary of the facts
The applicant A.________ requested the revision of the Federal Court ruling 9C_43/2022 dated April 21, 2022, in which her complaint against the dismissal of her claim for a disability pension from occupational pension was rejected. The revision request was based on Art. 123 para. 2 lit. a BGG, whereby she intended to submit subsequent medical reports.
Complete summary of the ruling can be found in the portal.
5A_865/2024: Ruling on the complaint regarding the establishment of a legal objection
Summary of the facts
The complainant, A.________ AG, initiated a debt collection procedure against the debtor B.________ Ltd and the third-party pledge owner C.________ Ltd in connection with wage claims. After the delivery of the payment order and subsequent correspondence, the debt enforcement office Oberland, Department Oberland East, noted a legal objection from the third-party pledge owner on March 22, 2024. A.________ AG contested this legal objection due to expiration and argued that it was invalid. The Cantonal Court of Bern did not admit the cantonal complaint. The complainant then appealed to the Federal Court.
Complete summary of the ruling can be found in the portal.
5A_40/2025: Appeal regarding the auction of a property in forced sale
Summary of the facts
The Federal Court is handling an appeal from A.________, who requests the annulment of the adjudication of a property during a forced auction. He claims that the procedure of the office regarding the reading of third-party information about the property during the auction was unfair and influenced the sale in favor of another buyer.
Complete summary of the ruling can be found in the portal.
8C_313/2025: Ruling regarding supplementary benefits to AHV/IV and procedural prerequisites
Summary of the facts
A.________ filed a complaint for delay of legal proceedings against the compensation office of the Canton of Bern, as the desired objection decision was initially absent. However, the cantonal court dismissed the complaint for delay, as the objection decision had since been issued, and denied a legally relevant interest in a decision on the merits. A.________ appealed this ruling to the Federal Court.
Complete summary of the ruling can be found in the portal.
8C_233/2025: Ruling on a complaint regarding unemployment insurance
Summary of the facts
The complainant, A.________, appealed against a ruling of the Cantonal Court of Graubünden, which denied him the claim for training allowances according to Art. 66a AVIG as well as daily allowances for promoting self-employment according to Art. 71a AVIG. He justified his claim with his participation in the "Certification Course in Fiduciary Services" and the importance of this further training for his then professional activity.
Complete summary of the ruling can be found in the portal.
9C_272/2025: Decision on a non-admission in occupational pension
Summary of the facts
The complainant A.________ requested the revision of an earlier ruling of the Social Insurance Court of the Canton of Zurich, which dismissed her claim for granting a disability pension from the pension fund of the City of Zurich. The Social Insurance Court did not admit the revision request and referred the matter to the Federal Court. The complainant then submitted several entries to the Federal Court, including an appeal against the non-admission of the revision request.
Complete summary of the ruling can be found in the portal.
9C_110/2025: Dispute over the tax qualification of income from real estate sales
Summary of the facts
The tax liability of A.________, an architect, was reviewed based on real estate sales in 2014 and 2015. The tax authorities classified the income from these sales as income from self-employment (real estate trading). A.________ disputed this classification and also contested the lack of consideration of social security contributions in the tax calculation. The cantonal tax appeal authority partially dismissed the complaints and referred the files regarding AVS contributions to the tax authority for further processing.
Complete summary of the ruling can be found in the portal.
4A_546/2024: Challenge of an international sports arbitration award
Summary of the facts
A former Russian biathlete (complainant) was sanctioned by the International Biathlon Union (IBU) for violating the anti-doping regulations. The basis for this was data from the so-called LIMS system of the Moscow laboratory, which were supposed to confirm the improper use of the substance Oxandrolone. The athlete challenged the IBU's decision before the Court of Arbitration for Sport (CAS), which rejected the appeal and upheld the sanctions. The athlete then filed a complaint with the Federal Court against the arbitration award.
Complete summary of the ruling can be found in the portal.
1C_239/2024: Ruling regarding building permit in the context of spatial planning and landscape protection
Summary of the facts
The dispute concerns the building permit for a primary residence in the municipality of Mesocco on a parcel in zone R2PSG. Following resistance from neighbors, who raised concerns about potential conflicts with a ban on second homes as well as zoning conformity and landscape integration, the cantonal authorities decided in favor of the construction project. The neighbors subsequently took the matter to the Federal Court.
Complete summary of the ruling can be found in the portal.
1C_338/2025: Legal remedy against access to files in the context of an international mutual legal assistance procedure
Summary of the facts
The National Anti-Corruption Bureau of Ukraine (NABU) requested legal assistance for a criminal proceeding. The Swiss Federal Prosecutor's Office (BA) then decided, among other things, to hand over documents related to bank accounts of A.________ Limited, B.________ Limited, and C.________ AG. These companies requested access to further files, particularly regarding a meeting in March 2024 between the NABU, the Federal Office of Justice (BJ), and the BA. The BA refused the corresponding information, citing its lack of decision relevance, which the companies attempted to clarify through a complaint to the Federal Criminal Court. The Federal Criminal Court rejected the request for access to files, prompting the companies to file a complaint with the Federal Court.
Complete summary of the ruling can be found in the portal.
7B_499/2025: Ruling on the separation of proceedings in case of suspicion of professional fraud
Summary of the facts
A.________ and B.________ are accused of professional fraud. They are alleged to have obtained a total of CHF 28.4 million from 17 victims by falsely claiming to grant loans between 2009 and 2011. A.________ was subsequently extradited to Switzerland after his arrest in London, while the whereabouts of B.________ remain unknown. The public prosecutor's office separated the criminal proceedings against the two accused, which A.________ unsuccessfully contested before the Cantonal Court of Zurich.
Complete summary of the ruling can be found in the portal.
5A_31/2025: Ruling on the complaint regarding the forced auction of a property
Summary of the facts
The A.________ SA (appellant) contested the forced auction of property vvv and requested the annulment of the adjudication. The properties www and vvv are adjacent, with property vvv having windows that, according to the neighbor (E.E.________, now deceased), are not regulated by a registered servitude in the land register. During the adjudication process, the debt enforcement office informed the interested parties about this legal situation. The appellant argues that the information provided by the debt enforcement office was misleading and negatively affected the price at the auction, constituting unfair competition distortion.
Complete summary of the ruling can be found in the portal.
5A_490/2025: Deadline for submitting a response to the lawsuit
Summary of the facts
The respondent initially filed a divorce lawsuit according to Art. 115 ZGB, but later withdrew it and subsequently filed a new divorce lawsuit according to Art. 114 ZGB. The appellant made various requests, including the suspension of the proceedings and the extension of the deadline for responding to the lawsuit. The District Court admitted the divorce lawsuit, rejected the request for suspension, and set a deadline for submitting the response to the lawsuit. The appellant appealed against the District Court's order, particularly the deadline for the response, to the Cantonal Court. The Cantonal Court did not admit the appeal due to the lack of an irreparable disadvantage. The appellant challenged this decision before the Federal Court.
Complete summary of the ruling can be found in the portal.
5A_481/2025: Complaint regarding the recusal of the president of the Appeals Court Basel-Stadt
Summary of the facts
The appellant again demanded the recusal of the president of the Appeals Court Basel-Stadt and the annulment of various orders. The Appeals Court Basel-Stadt rejected these requests or forwarded the recusal requests for comments to the respective president. The appellant then filed a complaint with the Federal Court with several requests, including the immediate removal of the president of the Appeals Court and the suspension of a super-provisional order.
Complete summary of the ruling can be found in the portal.
9C_175/2025: Decision on the retroactive collection of AHV contributions
Summary of the facts
Born in 1984, A.________ requested in April 2023 the retroactive collection of AHV contributions for the years 2013 and 2015, which he had not paid as a non-working individual during his studies. The compensation office Zurich denied this on the grounds that the contributions in question could no longer be claimed due to the five-year limitation period according to Art. 16 para. 1 AHVG. After a series of legal proceedings, the Social Insurance Court of the Canton of Zurich also dismissed A.________'s complaint.
Complete summary of the ruling can be found in the portal.
7B_247/2025: Recusal of a public prosecutor due to bias in a criminal investigation
Summary of the facts
The Cantonal Court of Zurich dismissed the recusal request of the head of the prosecution authorities Marcel Peter Scholl, submitted by A.________, who is facing a criminal investigation for alleged fraud involving several million. A.________ demands the recusal due to bias, among other reasons, due to the premature allocation of a proceeds from the liquidation of a seized apartment and statements in a newspaper article. The Federal Court examines the acceptable prerequisites for the complaint.
Complete summary of the ruling can be found in the portal.
7B_283/2025: Complaint regarding official defense and free legal assistance
Summary of the facts
A.________, against whom a criminal proceeding for multiple defamation is pending at the District Court of Lucerne, requested the granting of official defense. The District Court and the Cantonal Court of Lucerne dismissed the request. A.________ then filed a complaint in criminal matters with the Federal Court.
Complete summary of the ruling can be found in the portal.
5A_34/2025: Inadmissibility of complaints in a case of forced auction
Summary of the facts
Disputes related to the forced auction of two properties from mortgage foreclosures were heard, including the determination of interest on the outstanding sale price. The adjudicators B.________ and A.________ SA filed a complaint against the ruling of the cantonal supervisory authority, which related to the calculation and conditions of the interest on the sale price.
Complete summary of the ruling can be found in the portal.
5A_456/2025: Complaint against the seizure decision: non-admission by the Federal Court
Summary of the facts
The complainant contested the repeated seizure of his assets and filed a complaint deemed late and unfounded with the District Court of Hinwil, which did not admit it. Subsequently, the complainant appealed to the Cantonal Court of Zurich, which also did not admit it due to insufficient justification. Finally, the complainant approached the Federal Court, which ruled with the present judgment.
Complete summary of the ruling can be found in the portal.
4A_682/2024: Court decision on the international sports arbitration procedure
Summary of the facts
A former internationally successful Russian biathlete was accused of having violated the anti-doping rules of the International Biathlon Union (IBU) between 2010 and 2014. Investigations of his biological passport revealed irregularities that could be explained by possible manipulation. Despite genetic testing and explanations from the athlete, it was found that the deviations statistically very likely indicated the use of banned substances or methods. As a result, the athlete was banned for 4 years and his results and medals from 2010 to 2014 were annulled. The athlete denied the allegations and filed a civil appeal to the Federal Court.
Complete summary of the ruling can be found in the portal.
8C_575/2024: Ruling on disability pension after accident injuries
Summary of the facts
A.________ suffered two work-related accidents in 2021, resulting in a wood splinter injury and a radial head fracture. The Suva initially provided medical costs and daily allowance benefits, suspended these as of November 30, 2022, and denied the claim for a disability pension and integrity compensation. The Cantonal Court of Basel-Landschaft subsequently awarded A.________ a disability pension of 13% from December 2022, which the Suva contested with an appeal to the Federal Court.
Complete summary of the ruling can be found in the portal.
8C_515/2024: Ruling on the question of pension entitlement in the context of mental health disorders within the disability insurance
Summary of the facts
A.________ had previously received a temporary half disability pension, which was not contested. In May 2021, she submitted a new application, which was rejected by the IV office after investigations. Her complaints relate to somatic and psychological impairments.
Complete summary of the ruling can be found in the portal.
7B_459/2025: Non-admission declaration of an appeal against preventive detention
Summary of the facts
The complainant A.________ was convicted of theft, attempted theft, false accusation, and repeated breach of a restriction by the District Court of Aarau on April 24, 2025, and sentenced to two years in prison. At the same time, his preventive detention was ordered until July 24, 2025. His appeal against the preventive detention was answered by the Cantonal Court of Aargau on May 13, 2025, with a non-admission declaration. A.________ then filed a complaint with the Federal Court and requested, in essence, his immediate release.
Complete summary of the ruling can be found in the portal.
4A_544/2024: Ruling of the complainant against the International Biathlon Union
Summary of the facts
The complainant, a former Russian biathlete, was accused of doping by the International Biathlon Union (IBU) based on data from the Moscow Laboratory Information Management System (LIMS). According to the IBU, the complainant allegedly used a prohibited substance (Ostarine), which showed a positive doping result in the LIMS in 2015. However, her results between March 2013 and her retirement were falsely reported as negative. The IBU imposed a two-year ban and annulled her competition results retroactively. Her appeal before the Court of Arbitration for Sport (CAS) was rejected, prompting her to approach the Federal Court.
Complete summary of the ruling can be found in the portal.
8C_187/2025: Decision on the non-collection of a decision in an unemployment insurance case
Summary of the facts
The complainant filed a complaint against a decision of the Cantonal Court of Schaffhausen. The Federal Court requested him with an order to pay a cost advance by a set deadline. This order was sent to him by post but was not picked up, leading to the application of the delivery fiction according to Art. 44 para. 2 BGG. The cost advance was ultimately not paid, thereby failing to meet the procedural prerequisites.
Complete summary of the ruling can be found in the portal.