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 dispositives. For the other judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the Lexplorer portal. There, you can configure your newsletter and receive the latest judgments tailored to your areas of law.
8C_672/2024: Judgment on Pension Revision in the Area of Disability Insurance
Summary of the Facts
The complainant, A.________, received disability pensions in different gradations (full, half, quarter pension) between 2016 and 2018 due to back problems and after several surgeries. The IV office of the Canton of Zurich conducted a revision procedure, in which the complainant claimed a health deterioration due to psychological reasons. An expert report found no revision-relevant change, so the entitlement to a quarter pension was maintained. The complainant requested a higher pension from the Social Security Court of Zurich, which was rejected, as was her complaint to the Federal Court.
Summary of the Considerations
- **E.1:** The legal basis for reviewing complaints and the limited factual control of the Federal Court is presented. - **E.2:** The point of contention is whether the lower court violated federal law by not recognizing a revision-relevant change in work or household limitations in favor of the complainant. - **E.3:** The lower court correctly applied the applicable rules for pension revision and the evidential value of external expert reports. - **E.4:** The lower court relied on an interdisciplinary expert report that found no relevant health deterioration. The existing limitations of 50% incapacity for work and 28% in household tasks remained unchanged. - **E.5:** No obviously incorrect factual determination or violation of federal law could be established. The aspects covered by the expert report were thoroughly examined, and previous clarifications were referenced, making no further evidence necessary. - **E.6:** In the simplified procedure according to Art. 109 BGG, the complaint is summarily rejected.
Summary of the Dispositive
The complaint was rejected, and court costs were imposed.
7B_162/2025: Decision on the Question of Recusal of a Public Prosecutor in the Canton of Ticino
Summary of the Facts
A.________ was charged in a criminal proceeding by the Ministry of the Canton of Ticino for property offenses. He filed a request for the recusal of prosecutor Chiara Borelli, arguing that she had shown bias through statements made during an interrogation on November 20, 2024. The prosecutor was accused, among other things, of classifying the medical certificate submitted by the applicant as "worthless" and making disparaging remarks. The cantonal instance rejected the recusal requests, and A.________ subsequently filed a complaint with the Federal Court.
Summary of the Considerations
The Federal Court examines the admissibility criteria for the present case and declares the appeal formally admissible. The court explains the formal requirements for the justification of the appeal according to Art. 42 and 106 para. 2 BGG. It is established that the complainant did not clearly refute the argumentation of the lower court and that there is no arbitrariness in the sense of Art. 9 BV. It is examined whether the prosecutor's statements are objectively capable of justifying bias or the appearance of partiality. The court notes that the statements, when viewed in context, do not reveal either bias or a legitimate risk of partiality. It is emphasized that the prosecutor could have expressed herself assertively in light of a certificate submitted shortly before and a planned interrogation without raising doubts about her impartiality. After examining the medical certificate and the prosecutor's actions, the Federal Court finds no further procedural errors that could indicate bias or violations of the complainant's rights. The findings made by the cantonal instance are confirmed as non-arbitrary. The decision on expenses is presented as correct. The procedural costs are borne by the unsuccessful complainant.
Summary of the Dispositive
The appeal was rejected, the court costs were imposed on the accused, and notification was made to the parties.
5A_151/2025: Inadmissibility of the Complaint Regarding Child Welfare and Proceedings Before the Cantonal Court
Summary of the Facts
The case concerns a dispute between A.________ and B.________ over the custody of a minor child. The complainant A.________ cited procedural defects and alleged errors of the cantonal authorities.
Summary of the Considerations
The cantonal court rejected the complaints of the complainant as late or inadmissible. The requested disciplinary investigation, claims for damages, as well as structural recommendations and revisions of previous decisions were outside the jurisdiction of the authority seized. The Federal Court confirmed the inadmissibility of the submissions, as there were no substantive criticisms against the cantonal arguments. Furthermore, the accusations of alleged procedural violations and the demand for state liability were insufficient for a substantive examination of the cantonal decision. The cantonal decisions on inadmissibility and lateness are sufficiently justified for the Federal Court and are final. Therefore, no further examination is necessary.
Summary of the Dispositive
The complaint was dismissed as inadmissible, and the court costs were imposed on the complainant.
6B_456/2025: Decision Regarding Restoration of Deadline and Late Complaint in Criminal Matters
Summary of the Facts
The applicant A.________ was fined by the Cantonal Court of Graubünden for a violation of the driver regulation. However, the deadline for filing a complaint with the Federal Court was missed. A.________ requested the restoration of the deadline, arguing that her lawyer had not implemented the mandate to submit the complaint, despite her instructions.
Complete summary of the judgment can be found in the Portal.
8C_742/2024: Claim to Unemployment Compensation and Refund Obligation
Summary of the Facts
A.________, former Managing Director of B.________ SA, was dismissed for economic reasons in March 2023 and subsequently applied for unemployment compensation. The unemployment fund SYNA denied the claim, as A.________ was classified as employer-like until September 2023 due to his position as a board member and secretary of the board of directors of the company. Additionally, the fund demanded a refund of CHF 15,955.30 for already paid compensations. The cantonal court rejected A.________'s complaint, after which he challenged the judgment in the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_382/2024: Judgment on the Claim for a Pension from Disability Insurance
Summary of the Facts
The complainant A.________, born in 1959, suffers from various somatic and/or psychological complaints and has repeatedly applied for benefits from disability insurance. After a renewed inquiry in 2020, the IV office of the Canton of Fribourg granted him a quarter pension based on a medical report starting in January 2021. The cantonal decision reduced the start of the pension payment to March 2021 and maintained the quarter pension. A.________ requested a higher pension (three-quarters) from the Federal Court, which partly rejected the request and ultimately granted him a half pension from March 2021.
Complete summary of the judgment can be found in the Portal.
5A_457/2025: Inadmissibility of the Complaint Against Involuntary Placement
Summary of the Facts
The complainant, A.________, was involuntarily placed in the psychiatric clinic C.________ by medical order on May 20, 2025. She filed a complaint against the placement with the Cantonal Court of Uri on May 26, 2025. After the involuntary placement was revoked by the treating physician, the Cantonal Court declared the complaint moot and dismissed it. The complainant then approached the Federal Court on June 11, 2025.
Complete summary of the judgment can be found in the Portal.
5A_459/2025: Complaint Against the Non-Admittance Decision of the Cantonal Court of Zurich in Connection with Provisional Measures
Summary of the Facts
The District Court of Zurich issued a provisional measure decision on March 11, 2025, concerning personality rights protection in favor of the complainants. The complainant appealed against this decision, which was rejected by the Cantonal Court of Zurich due to unpaid cost advances. The complainant then approached the Federal Court, which also did not admit the complaint.
Complete summary of the judgment can be found in the Portal.
7B_272/2023: Judgment on the Criminal Process Regarding Sexual Offenses and Questions of Evidence Assessment
Summary of the Facts
A.________, accused of sexual offenses against a minor and other criminal offenses, was convicted by the Cantonal Court of Valais to a prison sentence. He filed an appeal with the Federal Court. The lower courts based their conviction primarily on the victim's statements, which were assessed as consistent, coherent, and supported by further evidence. A.________ denied the allegations and accused the cantonal courts of having ruled arbitrarily and having violated the principle of "in dubio pro reo".
Complete summary of the judgment can be found in the Portal.
8C_251/2025: Inadmissibility of the Revision Request Regarding Supplementary Benefits to AHV/IV
Summary of the Facts
The complainant filed a complaint with the Federal Court against a decision of the Administrative Court of the Canton of Bern, which declared his revision request regarding supplementary benefits to AHV/IV inadmissible and did not admit it. The complainant objected to the evidential assessment made by the cantonal court in the first judgment and also requested free legal aid.
Complete summary of the judgment can be found in the Portal.
6B_238/2025: Legal Question on Costs and Compensation in the Context of a Criminal Law Decision
Summary of the Facts
The Federal Court deals with the issue of the distribution of procedural costs and the refusal of compensation according to Art. 429 para. 1 StPO. The complainant A.________ challenged decisions of cantonal authorities that imposed procedural costs on him and denied him compensation, even though the criminal proceedings against him were dropped due to statutory limitations. A.________ argued that the procedure violated the presumption of innocence and constituted an inadmissible "covert punishment".
Complete summary of the judgment can be found in the Portal.
5A_767/2024: Dispute Over Measures Within the Framework of Protective Measures for the Marital Community
Summary of the Facts
A.________ and B.________, married since 2016 and parents of a child (C.________), were in dispute over protective measures for the marital community. Due to repeated reports of domestic violence and the mother's alcohol-related problems, the court issued various measures. The mother has been consulting a doctor for addiction-related issues since autumn 2023 regarding her alcohol dependence. A social report from SEASP recommended joint custody for the child and required the mother to provide regular proof of her abstinence and undergo a psychiatric follow-up. The mother filed a complaint with the Federal Court against the obligation to submit a monthly confirmation of a psychiatric follow-up and to continue a corresponding follow-up.
Complete summary of the judgment can be found in the Portal.
8C_333/2025: Inadmissibility of a Complaint Due to Late Submission and Lack of Relevant Justification
Summary of the Facts
A.________ filed a complaint against a ruling of the Social Insurance Court of the Canton of Basel-Stadt, which upheld the decision of the Swiss Accident Insurance Fund (Suva) regarding accident insurance. The complaint was submitted late and did not meet the substantive requirements according to the Federal Court Act (BGG).
Complete summary of the judgment can be found in the Portal.
2C_139/2024: Judgment Regarding the Granting of a Residence Permit
Summary of the Facts
The complainant, originally from Turkey and in Switzerland since 1999, applied for a residence permit after several similar requests had been previously rejected. She holds the status of provisional admission (Permit F) and argued, invoking Art. 8 ECHR, regarding a serious personal hardship case. She presented her long-term presence and the difficulties of deportation, but was rejected due to lack of integration and multiple criminal offenses.
Complete summary of the judgment can be found in the Portal.
7B_281/2025: Inadmissibility of a Legal Remedy in a Criminal Matter
Summary of the Facts
The complainant A.________ filed a complaint on October 31, 2024, with the public prosecutor of the district of Nordvaud against his letter of October 21, 2024, and its dismissal order. The lower instance, the Criminal Appeals Chamber of the Cantonal Court of Vaud, declared the complaint inadmissible, as the complainant and his sister were not recognized as close relatives of the deceased within the meaning of Art. 116 para. 2 StPO nor had they asserted their own civil claims. The complainants relied on their position as nephew and niece of the deceased.
Complete summary of the judgment can be found in the Portal.
7B_131/2025: Inadmissibility of a Legal Remedy in Criminal Proceedings
Summary of the Facts
A. On September 30, 2024, the public prosecutor of the Canton of Fribourg issued a decision not to initiate proceedings, which A.________ unsuccessfully appealed to the Criminal Chamber of the Cantonal Court of Fribourg on December 20, 2024. B. A.________ then filed a complaint in criminal matters with the Federal Court on February 12, 2025.
Complete summary of the judgment can be found in the Portal.
5A_201/2025: Judgment Regarding the Costs of Legal Representation in a Return Procedure Under the Hague Convention
Summary of the Facts
The father of a child born in 2023 applied in September 2024 for the return of his son to Italy based on the Hague Convention of 1980 on the Civil Aspects of International Child Abduction (CArap). The cantonal authority of the Canton of Ticino rejected the application, did not order any court costs or party compensation, but granted both parents free legal aid. The father appealed to the Federal Court to have the costs of his legal representation covered directly by the state.
Complete summary of the judgment can be found in the Portal.
8C_332/2025: Non-Admittance of a Complaint and Rejection of Free Legal Aid
Summary of the Facts
The complainant A.________ filed a complaint against a ruling of the Social Insurance Court of Basel-Stadt regarding accident insurance. The complaint was made after the statutory deadline for filing an appeal. Furthermore, there was a lack of sufficient justification as to why federal law was allegedly violated.
Complete summary of the judgment can be found in the Portal.
8C_700/2024: Suspension of Accident Insurance Benefits Following a Work Accident
Summary of the Facts
The complainant A.________ suffered a knee injury in a work accident on March 13, 2020, following which Suva initially provided insurance benefits. After obtaining an expert opinion, Suva suspended the benefits as of September 13, 2020, since the insured's condition, according to the medical assessment (status quo sine), no longer included the consequences of the accident beyond this date. The Social Insurance Court of the Canton of Zurich confirmed the suspension of benefits. The complainant appealed to the Federal Court, requesting an additional clarification regarding the partial causality of the consequences of the accident.
Complete summary of the judgment can be found in the Portal.
6B_701/2024: Judgment Regarding Negligent Bodily Injury and Evidence Assessment
Summary of the Facts
On July 11, 2020, A.________ caused a dangerous approach to a vehicle belonging to B.________ due to a negligent lane change when merging onto the highway. This led B.________ to perform an evasive maneuver, during which she lost control of her vehicle and collided with both guardrails. She suffered an acceleration trauma to her cervical spine. A.________ was accused of causing the foreseeable and avoidable consequences of his driving behavior by ignoring his duty of care.
Complete summary of the judgment can be found in the Portal.
9C_218/2025: Tax Treatment of Alimony Payments
Summary of the Facts
A.________, a single mother of two minor children, was assessed for the tax period 2021. Alimony she received for her children was added to her taxable income. The tax administration reduced the taxable income regarding direct federal tax and state and municipal taxes after an appeal. A.________ requested, among other things, the revision of all assessments back to 2008. Her complaint against the appeal decision was rejected by the Administrative Court of the Canton of Schwyz.
Complete summary of the judgment can be found in the Portal.
5A_466/2025: Judgment on the Extension of a Guardianship
Summary of the Facts
The procedure concerns the extension of a guardianship for the 1933-born A.________ by the KESB Liestal. The complainant is no longer able to manage his affairs independently due to progressive dementia and dependency on his son. There is abusive behavior by the son, leading to financial exploitation and conflicts in the domestic environment. Several complaints against the extension of the guardianship were filed by the father and son, which were rejected by the Cantonal Court of Basel-Landschaft. The dispute ultimately concerned the extension of the guardianship to the area of health. The Cantonal Court did not address the complaint due to the father's procedural incapacity and the son's self-interest.
Complete summary of the judgment can be found in the Portal.
5A_469/2025: Decision on the Recusal of a First Instance Divorce Judge
Summary of the Facts
The complainant conducted a procedure regarding the recusal of the first instance judge at the District Court. The request was rejected, as was the cantonal complaint filed against this. In parallel, she requested the annulment of the partial judgment on the divorce issue, which was also rejected.
Complete summary of the judgment can be found in the Portal.
7B_441/2025: Decision on the Continuation of a Therapeutic Institution in the Context of Security Law Detention
Summary of the Facts
A Swiss citizen, under a therapeutic measure according to Art. 59 StGB since 2006, filed a complaint against a cantonal decision. The dispute was about the extension of his detention under a measure as a substitute for security law detention, which was ordered during the examination of his situation regarding the measures. The complainant claimed a violation of his rights according to Arts. 3, 5, and 6 of the European Convention on Human Rights (ECHR) and demanded his immediate release. The Federal Court dealt with the legality of the extension under the measure.
Complete summary of the judgment can be found in the Portal.
5A_453/2025: Decision on the Approval of the Final Report and Final Accounts of a Guardianship
Summary of the Facts
The procedure concerns the approval of the final report and final accounts of a guardianship for C.________ by the KESB of the City of Zurich. The complainants, A.________ and E.________, contest the approval and assert claims for damages. The District Council of Zurich did not address their complaint, and the Cantonal Court of Zurich rejected the complaint. The complainants then filed another complaint with the Federal Court against this judgment.
Complete summary of the judgment can be found in the Portal.
6B_95/2025: Judgment on Criminal and Civil Claims Handling
Summary of the Facts
A.________ was originally convicted by the Federal Criminal Court for endangering by explosives and toxic gases, qualified theft, and qualified property damage (Art. 224 para. 1 StGB, Art. 139 para. 1 in conjunction with para. 3 of the aStGB, Art. 144 para. 1 in conjunction with para. 3 of the aStGB). After an acquittal by the appeals chamber of the Federal Criminal Court and the subsequent revision, A.________ was convicted. He requested the Federal Court to annul the judgment and acquit him, as well as to dismiss the civil claims. The Federal Court dealt with several complaints, including the violation of the principle "in dubio pro reo", the right to be heard, and questions regarding the constitution of the civil plaintiff.
Complete summary of the judgment can be found in the Portal.
5A_301/2025: Inadmissibility of the Complaint Regarding the Enforcement of a Pledge
Summary of the Facts
The procedure concerns the enforcement of a pledge, specifically the auction of a painted artwork to satisfy a claim by B.________ SA against C.________. After several years of legal disputes, C.________ passed away in December 2023. His son A.________ later filed a legal remedy against the auction of the artwork but, according to the cantonal authorities, did not make sufficient requests regarding the valuation of the pledge.
Complete summary of the judgment can be found in the Portal.
5A_479/2025: Inadmissibility Regarding Outpatient Treatment According to Cantonal Law
Summary of the Facts
The complainant suffers from chronic paranoid schizophrenia and has been repeatedly involuntarily placed. By decision of April 23, 2025, the KESB Thal-Gäu/Dorneck-Thierstein extended a measure aimed at outpatient treatment for two years. The Administrative Court of the Canton of Solothurn dismissed the complaint filed against this. The complainant filed a complaint with the Federal Court on June 16, 2025.
Complete summary of the judgment can be found in the Portal.
7B_328/2025: Inadmissibility of a Legal Remedy in Criminal Law
Summary of the Facts
A.________ filed a legal remedy with the Federal Court against the decision of the Criminal Chamber of the Cantonal Court of Wallis, which had declared a previous legal remedy regarding a fine notice inadmissible. The fine notice had been served to him on November 25, 2024.
Complete summary of the judgment can be found in the Portal.