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 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.
5D_37/2024: Dispute over the Compensation of a Public 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 rendered by the public defender for the period from August 4, 2023, to January 19, 2024, were only partially reimbursed, as work performed before October 6, 2023, was not considered reimbursable. The defender unsuccessfully appealed this decision to the Federal Court and requested full reimbursement.
Summary of the Considerations
- **E.1:** The Federal Court first examined the formal requirements of the subsidiary constitutional legal remedy and found that it was submitted in a timely manner and in accordance with legal provisions. Only a violation of constitutional claims was asserted, which must be clear and detailed.
- **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 performed prior to the application and granting of the status. An exception would have required a specific and particular urgency, which was not substantiated by the defender.
- **E.3:** The defender's arguments that the work performed before October 6, 2023, was necessary and unavoidable were deemed insufficiently substantiated and therefore unconvincing. It was also emphasized that services not directly related to the essential main issue in the procedure (e.g., parallel proceedings regarding the financial situation) are not covered by legal aid.
Summary of the Disposition
The Federal Court rejected the legal remedy and imposed court costs on the defender.
2C_504/2024: Decision on the Non-extension of a Residence Permit
Summary of the Facts
A.________, a citizen of Kosovo living in Switzerland since 2001, received a residence permit under family reunification. Due to repeated criminal offenses, significant indebtedness, and years of dependence on social assistance, the non-extension of his residence permit was decided by the Office for Migration and Integration of the Canton of Aargau. The appeals in the lower courts were unsuccessful. A.________ requested the Federal Court to annul the decision and extend his residence permit.
Summary of the Considerations
- **E.1:** A.________ was convicted of serious criminal offenses, intentionally incurred debt, and was dependent on social assistance for a long time. This justifies the non-extension 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 in accordance with the law that a cumulative consideration of the violations is decisive and that this represents a serious violation of public safety. - **E.3:** The lower court pointed out that A.________ did not undertake substantial debt restructuring and continued to fail to behave in accordance with the law. - **E.4:** The proportionality test showed that the public interest in non-extension 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 entitlement to residence under Art. 42 AIG was lost due to unlawful behavior and inadequate debt fulfillment.
Summary of the Disposition
The appeal is dismissed, the appellant must bear court costs, and no party compensation is awarded.
7B_978/2024: Decision on the Quality of the Party as a Private Prosecutor
Summary of the Facts
B.________ filed a criminal complaint in 2018 against her former partner A.________ for various possible offenses. 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 prosecutor. The public prosecutor's office and later the cantonal appeals chamber did not recognize this withdrawal. In 2024, A.________ raised an objection to the Federal Court and requested that B.________'s party status as a private prosecutor 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 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 allegedly irreparable legal damage is reviewed. The court finds that A.________ could not demonstrate that the decision regarding B.________'s party status would cause irreparable harm. The criminal proceedings for official offenses must be continued anyway. Furthermore, A.________ could later contest the application of the legal regulations regarding the quality of a private prosecutor. The appeal is deemed inadmissible as no suitable condition for enforcing the legal remedy has been 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 reminders. A.________ cited full incapacity to work certified by his treating physicians. The lower courts, including the government council and the administrative court of Schwyz, lifted the reduction of social assistance. The welfare authority appealed to the Federal Court.
The complete summary of the ruling can be found in the Portal.
4A_166/2025: Ruling Regarding Non-fulfillment of the Advance Payment Obligation
Summary of the Facts
A.________ SA filed an appeal against a ruling of the Civil Chamber of the Court of 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: by May 8, 2025), the appellant was granted an extension until May 30, 2025. The payment was not made within the set deadlines.
The complete summary of the ruling can be found in the Portal.
8C_329/2025: Decision of the Federal Court Regarding the Challenge of a Social Assistance Recoupment
Summary of the Facts
A.________, a recipient of social assistance benefits in the Canton of Ticino, filed an appeal against a recoupment decision of the cantonal insurance court regarding an overpayment for the month of September 2024. It was disputed, 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 subject to recoupment. A.________ contested this assessment and submitted a document to the Federal Court to prove the repayment.
The complete summary of the ruling 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 level of the debtor A.________ and carried out a seizure. The debtor objected to this calculation and the resulting seizure, but did not express specific criticism regarding the calculation method or the expenses taken into account. The appeal was rejected by the cantonal supervisory authority. A.________ then appealed to the Federal Court and requested, among other things, a provisional measure as well as legal aid.
The complete summary of the ruling can be found in the Portal.
7B_511/2024: Recusal in a Criminal Matter
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 Cantonal Court of Appeal of Basel-Stadt. A.________ appealed this decision to the Federal Court.
The complete summary of the ruling can be found in the Portal.
8C_249/2025: Non-admission of an Appeal in the Area of Disability Insurance
Summary of the Facts
The appellant A.________ contested the ruling of the Administrative Court of the Canton of Bern, which did not admit an appeal against the decision of the IV Office Bern. The subject of the non-admission was a missing cost advance, which was not provided even after the deadline had expired.
The complete summary of the ruling 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 in social assistance benefits. This reduction was made due to a late rent payment, even though the corresponding funds were included in the regular social assistance contributions received. The cantonal court also decided that the priority of Swiss social benefits lies in measures for unemployment assistance rather than in the choice between different social assistance contributions. The Insurance Court reduced the originally three-month sanction to one month and deemed the amount of the reduction (CHF 100.–) proportionate.
The complete summary of the ruling can be found in the Portal.