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 with facts, considerations, and dispositions. 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.
5D_37/2024: Dispute over the Compensation of an Official Defender in the Context of Legal Aid
Summary of the Facts
The legal aid was granted to a child retroactively from October 6, 2023, for a procedure to determine maintenance payments and parental rights. The services provided by the official defender for the period from August 4, 2023, to January 19, 2024, were only partially reimbursed, as work done before October 6, 2023, was not considered reimbursable. The defender unsuccessfully challenged this decision before the Federal Court and demanded full reimbursement.
Summary of the Considerations
- **E.1:** The Federal Court first examined the formal requirements of the subsidiary constitutional remedy and found that it was submitted in a timely manner and in accordance with statutory requirements. Only a violation of constitutional claims was asserted, which must be clearly and detailed motivated.
- **E.2:** The claims of the defender regarding compensation for services rendered before October 6, 2023, were rejected. The Federal Court relied on the general rule that legal aid is not granted retroactively for activities that occurred before the application and granting of the status. An exception would have required a specific and particular urgency, which the defender did not substantiate.
- **E.3:** Arguments from the defender that the work performed before October 6, 2023, was necessary and unavoidable were deemed insufficiently substantiated and therefore not convincing. Furthermore, it was emphasized that services not directly related to the main issue in the proceedings (e.g., parallel proceedings regarding the financial situation) are not covered by legal aid.
Summary of the Disposition
The Federal Court dismissed the appeal and imposed court costs on the defender.
2C_504/2024: Decision on the Non-Renewal of a Residence Permit
Summary of the Facts
A.________, a Kosovar citizen living in Switzerland since 2001, received a residence permit under family reunification. Due to repeated criminal offenses, significant debt, and years of dependence on social assistance, the non-renewal of his residence permit was ordered by the Office for Migration and Integration of the Canton of Aargau. The previous legal remedies were unsuccessful. A.________ sought the annulment of the decision and the renewal of his residence permit before the Federal Court.
Summary of the Considerations
- **E.1:** A.________ had been convicted of significant criminal offenses, incurred debt willfully, and had been dependent on social assistance for a long time. This justifies the non-renewal of the residence permit according to Art. 63 para. 1 lit. b and Art. 51 para. 1 lit. b AIG. - **E.2:** The lower court argued correctly that a cumulative consideration of the offenses is decisive and that this represents a serious violation of public safety. - **E.3:** The lower court pointed out that A.________ did not undertake any substantial debt rehabilitation and was still unsuccessfully trying to behave in accordance with the law. - **E.4:** The proportionality test revealed that the public interest in non-renewal outweighs the private interests of A.________ and his family. His integration in Switzerland was inadequate, and a return to his home country appears reasonable. - **E.5:** The right to residence under Art. 42 AIG was forfeited due to unlawful behavior and inadequate fulfillment of debts.
Summary of the Disposition
The complaint is dismissed, the complainant must bear court costs, and no party compensation is awarded.
7B_978/2024: Decision on the Quality of the Party as a Private Plaintiff
Summary of the Facts
B.________ filed a criminal complaint in 2018 for various possible offenses against her former partner A.________. An out-of-court settlement failed, and the prosecution was duly continued. In 2022, A.________ claimed that B.________ had withdrawn her complaint, which would impair her status as a private plaintiff. The public prosecutor's office and later the cantonal appeals chamber did not recognize this withdrawal. A.________ raised a complaint in 2024 before the Federal Court, requesting that B.________'s party status as a private plaintiff be revoked.
Summary of the Considerations
The Federal Court examines its jurisdiction and the admissibility of the present legal remedy ex officio. It finds that the contested decision does not constitute a final decision but rather an interim decision and is therefore only admissible under the conditions of Art. 93 para. 1 lit. a or b BGG. The complainant's argument regarding an alleged irreparable legal harm is reviewed. The Court finds that A.________ could not prove that the decision on the party status of B.________ would cause irreparable harm. The criminal proceedings for official offenses must continue anyway. Furthermore, A.________ could later contest the application of the legal regulations regarding the quality of a private plaintiff. The appeal is deemed inadmissible, as no suitable condition for enforcing the legal remedy was met.
Summary of the Disposition
The appeal was declared inadmissible and court costs were imposed.
8C_190/2025: Federal Court Assessment of a Reduction in Social Assistance Benefits
Summary of the Facts
A.________ received economic support from the welfare authority in Steinen. The authority reduced A.________'s basic needs by 20% because he did not participate in a work integration program despite a reminder. A.________ cited complete incapacity for work, certified by his treating physicians. The lower courts, including the cantonal government and the administrative court of Schwyz, lifted the reduction of social assistance. The welfare authority appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
4A_166/2025: Judgment Regarding Non-Fulfillment of the Advance Payment Obligation
Summary of the Facts
A.________ SA filed an appeal against a judgment of the Civil Chamber of the Cour de justice of the Canton of Geneva dated February 20, 2025. After an initial request for payment of a court cost advance of CHF 7,000 (deadline: until May 8, 2025), the appellant was granted an extension until May 30, 2025. The payment was not made within the set deadlines.
Complete summary of the judgment can be found in the Portal.
8C_329/2025: Federal Court Decision on Contesting a Social Welfare Recovery Claim
Summary of the Facts
A.________, a recipient of social assistance benefits in the Canton of Ticino, filed a complaint against a recovery decision of the cantonal insurance court regarding an overpayment for the month of September 2024. The dispute was, among other things, whether an amount of CHF 234.55 should be considered as income. The cantonal court had decided that this amount was not a repaid loan but should be regarded as "anticipation of an invoice," and therefore was subject to recovery. A.________ challenged this assessment and submitted a document to the Federal Court to provide proof of repayment.
Complete summary of the judgment can be found in the Portal.
5A_497/2025: Inadmissibility of the Appeal Regarding the Calculation of the Minimum Subsistence by a Debt Collection Office
Summary of the Facts
The debt collection office of the Canton of Geneva calculated the minimum subsistence of the debtor A.________ and conducted a seizure. The debtor objected to this calculation and the resulting seizure, without, however, expressing specific criticism of the calculation method or the expenses considered. The complaint was dismissed by the cantonal supervisory authority. A.________ then appealed to the Federal Court, requesting, among other things, a temporary injunction and legal aid.
Complete summary of the judgment can be found in the Portal.
7B_511/2024: Recusal in a Criminal Case
Summary of the Facts
The Public Prosecutor's Office of Basel-Stadt is investigating A.________ and his wife B.________ on suspicion of human trafficking. The accused are alleged to have employed workers from India in their restaurant under exploitative conditions. A.________ and B.________ submitted a recusal request against the responsible prosecutor and the detective, which was dismissed by the Appeals Court of the Canton of Basel-Stadt. A.________ challenged this decision before the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_249/2025: Inadmissibility of an Appeal in the Area of Disability Insurance
Summary of the Facts
The complainant A.________ appealed against the judgment of the Administrative Court of the Canton of Bern, which did not admit a complaint against the decision of the IV Office Bern. The subject of the inadmissibility was a missing cost advance, which was not provided even after the deadline had expired.
Complete summary of the judgment can be found in the Portal.
8C_338/2025: Inadmissibility of an Appeal Against the Reduction of Social Assistance Benefits
Summary of the Facts
A.________ filed an appeal with the Federal Court against a decision of the Insurance Court of the Canton of Ticino regarding a reduction of social assistance benefits. This reduction was made due to a late rent payment, even though the corresponding funds were included in the received regular social assistance contributions. The cantonal court also decided that the priority in Swiss social benefits lies with measures for unemployment assistance and not with the choice between different social assistance contributions. The Insurance Court reduced the originally three-month penalty to one month and deemed the amount of the reduction (CHF 100) to be proportionate.
Complete summary of the judgment can be found in the Portal.