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 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.
2C_507/2023: Decision on State Liability due to Breach of Duty of Care by a Notary
Summary of the Facts
The respondents A.A.________ and B.A.________, former condominium owners of a 2.5-room apartment, demanded state liability from the Canton of Graubünden, as the responsible notary caused a financial loss of CHF 490,000 through a breach of duty of care in connection with the notarization of the purchase contract. The Administrative Court of the Canton of Graubünden ordered the Canton to pay compensation of CHF 245,000. Upon appeal by the Canton, the Federal Court examined the issue of liability.
Summary of the Considerations
The Federal Court states that the appeal in public law matters is admissible, as the value in dispute threshold is met and the requirements of Art. 82 ff. BGG are fulfilled. The court explains that the Canton could be held liable under the accessory liability of the state liability law of the Graubünden legislation for breaches of the information and duty of care obligations of a notary. However, it clarifies that the assessment of the application of cantonal law is only made in view of the prohibition of arbitrariness. Referring to the federal liability standard (Art. 41 OR), the court elaborates on the principles of unlawfulness and causation. It emphasizes that the notary's behavior does not have a sole causal link to the damage. Rather, it is crucial whether the actions of the broker interrupted the causal link between the alleged breach of official duty and the damage. The Federal Court argues in detail that the lower court arbitrarily established the causal link by inadequately considering the serious tortious behavior of the broker F.________ in deceiving the parties. The fraudulent act of F.________ is significant and interrupts the causal link to any possible breach of the notary's duties.
Summary of the Disposition
The Federal Court overturned the judgment of the Administrative Court and dismissed the state liability claim of the respondents. In addition, the court costs were imposed on the respondents.
8C_339/2025: Decision Regarding Social Assistance and Procedural Requirements
Summary of the Facts
The appellant filed a complaint against a decision of the Küssnacht care authority dated November 28, 2024. The Administrative Court of the Canton of Schwyz dismissed the complaint as the application was insufficiently substantiated. The appellant then filed a complaint with the Federal Court but also did not present any substantial legal arguments.
Summary of the Considerations
- **E.1:** According to Art. 95 lit. a BGG, a complaint can challenge the violation of federal law. When asserting violations of fundamental rights, a qualified objection obligation is required. - **E.2:** The cantonal court did not admit the complaint for formal reasons according to § 38 VRP/SZ, as a substantive justification was lacking. - **E.3:** The appellant mentioned numerous constitutional provisions without applying them specifically to the case. Instead, he described general personal circumstances and criticized authorities and courts. - **E.4:** The obviously insufficient justification of the complaint leads, according to Art. 108 para. 1 lit. b BGG, to a non-admission. - **E.5:** The Federal Court points out that similar submissions may be filed unanswered in the future. - **E.6:** No court costs are charged for the proceedings.
Summary of the Disposition
The Federal Court did not admit the complaint and imposed no costs.
9C_726/2024: Federal Court Ruling on a Complaint Regarding Import Taxes
Summary of the Facts
A.________ filed a complaint against an interim decision of the Federal Administrative Court dated November 19, 2024. The dispute concerned import taxes. On May 5, 2025, the Federal Court rejected a request for free legal aid and instructed the appellant to pay a fee of CHF 1,000 in advance within a deadline. Despite an additional deadline until June 10, 2025, no payment was made.
Summary of the Considerations
- **E.1:** The Federal Court found that the requested fee was not paid within the extended and non-extendable deadline. - **E.2:** According to Art. 62 para. 3 BGG, an appeal is declared inadmissible due to the lack of advance payment of court costs. The decision was made according to the simplified procedure pursuant to Art. 108 para. 1 lit. a BGG. - **E.3:** Based on Art. 66 para. 1 and 3 BGG, the court costs of CHF 300 are imposed on the appellant.
Summary of the Disposition
The complaint was declared inadmissible and court costs were imposed.
6B_545/2024: none
Summary of the Facts
This judgment of the Federal Court is not available in electronic form. Information on the facts is therefore not accessible.
Complete summary of the judgment can be found in the Portal.
1C_169/2024: Judgment on the Construction of a Mobile Network Facility in Lucerne
Summary of the Facts
Swisscom applied for the construction of a mobile network facility in Lucerne. After receiving objections, the Lucerne Construction Directorate granted the building permit with conditions. The Cantonal Court of Lucerne subsequently dismissed the appeals of the objectors. The appeal to the Federal Court aimed to revoke the building permit and conduct a site visit by the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_457/2024: Admissibility of an Appeal Regarding Procedural Costs and Compensation
Summary of the Facts
The taxi driver A.________ had his professional chauffeur card revoked by the cantonal service in Geneva and was denied permission for expanded use of public space. The Administrative Court Chamber in Geneva partially overturned this decision and remanded the case for reconsideration, stating that there was a violation of the principle of proportionality. A.________ contested the awarded procedural compensation of 500 francs and instead demanded 4,000 francs. The Administrative Court Chamber rejected his claim in a separate decision. A.________ then filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_511/2024: Examination of the Requirements for the Extension of a Residence Permit after Separation
Summary of the Facts
A.________, a national of Turkey, applied for the extension of his residence permit after the dissolution of his marriage with B.________, who holds a residence permit in Switzerland. The cantonal authorities denied the extension citing Art. 50 para. 1 lit. a AIG, as the marriage had not lasted three years in Switzerland. A.________ first appealed at the cantonal level and then to the Federal Court, arguing that the marriage also included periods abroad and therefore lasted longer than three years.
Complete summary of the judgment can be found in the Portal.
8C_183/2025: Competence Dispute Regarding Jurisdiction in Unemployment Insurance
Summary of the Facts
The Caisse de chômage OCS (Unemployment Fund) of the Canton of Valais suspended the unemployment compensation of the insured person A.________ for 31 days due to self-induced unemployment. This decision was confirmed by the unemployment fund after opposition, with delivery to the insured person’s second residence in the Canton of Fribourg. Both cantonal courts (Valais and Fribourg) subsequently declined jurisdiction ratione loci, prompting A.________ to pursue a complaint to the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_308/2025: Assessment of the Admissibility of an Appeal
Summary of the Facts
A.________ sought the revision of a cantonal judgment that revoked his license as a private investigator and information agent since 2014. The lower court declared his revision application inadmissible. The appellant appealed this decision to the Federal Court, arguing incorrect delivery of the original judgment and a violation of the right to be heard, without presenting substantial arguments.
Complete summary of the judgment can be found in the Portal.
2C_611/2024: Disciplinary Proceedings Against a Lawyer Concerning the Duty of Care
Summary of the Facts
A lawyer, D.________, is sanctioned for an alleged violation of the duty of care enshrined in Article 12 letter a LLCA. The accusation concerns his passivity in an appeal hearing, where he supposedly "left it to the justice" regarding the withdrawal of the appeal by another party and did not actively intervene on behalf of his client. The sanction previously imposed by the appeal tribunal is confirmed by the disciplinary commission in the form of a *warning*. The lawyer defends himself against this sanction.
Complete summary of the judgment can be found in the Portal.
1C_392/2023: Judgment on the Building Permit for a Mobile Network Facility Outside the Construction Zone
Summary of the Facts
Sunrise GmbH applied for permission to replace antennas of a mobile network facility on a property in Malters, which is located outside the construction zone in an agricultural and landscape protection zone. The building permit was granted by the Malters municipal council and later by the Cantonal Court of Lucerne, rejecting an objection and subsequent complaint by residents, A.A.________ and B.A.________. The appellants turned to the Federal Court to deny the permit.
Complete summary of the judgment can be found in the Portal.
2C_461/2024: Challenge of the Determination of Procedural Costs and Party Compensation in a Geneva Administrative Proceeding
Summary of the Facts
A.________, a taxi driver in the Canton of Geneva, had his professional driver's card revoked, was denied further use of public space, and was ordered to return his professional card and vehicle registration plates. After a partial victory in the first administrative instance with a compensation of 500 francs, he requested higher party compensations but was again denied before the Geneva Court of Justice. The case reached the Federal Court through a complaint, where he sought the annulment of the last decision as well as a higher compensation.
Complete summary of the judgment can be found in the Portal.
1C_195/2024: Decision on Rezoning Regarding the Local Planning of the Municipality of Vitznau
Summary of the Facts
The municipality of Vitznau conducted a comprehensive revision of the local planning due to oversized construction zones and identified 16.7 ha as an area for rezoning. The rezoning of approximately 12.64 ha (including the Schwanden area) was approved by the voters. Several owners of rezoned properties filed complaints with the government and cantonal court against this. After their complaints were dismissed, the matter was submitted to the Federal Court, where the plaintiffs particularly challenged the grandfathering and proportionality of the rezoning.
Complete summary of the judgment can be found in the Portal.
8C_37/2025: Judgment on Accident Insurance
Summary of the Facts
The plaintiff A.________, accident insured with Suva, suffered two accidents. The first accident in 2018 caused a disc protrusion, leading to a temporary exacerbation of a pre-existing degenerative spinal condition, after which Suva discontinued its benefits. The second accident in 2022 resulted in back and shoulder complaints. Suva provided medical treatment and daily allowances but stopped its benefits in January 2024, stating that a status quo ante had been reached and the complaints were no longer accident-related. A.________ demanded the continuation of the statutory benefits; his objections and complaints were dismissed.
Complete summary of the judgment can be found in the Portal.
9C_75/2025: Decision on Free Legal Aid in Tax Disputes
Summary of the Facts
The appellant A.________ requests free legal aid in connection with a tax dispute for the tax period 2020. The dispute concerns the offsetting of allegedly unbusinesslike expenses as a monetary benefit. The Cantonal Court of Lucerne denied free legal aid due to the hopelessness of the legal remedy and set a deadline for the payment of a cost advance. With a complaint to the Federal Court, A.________ seeks to annul this decision and obtain free legal aid.
Complete summary of the judgment can be found in the Portal.
2C_246/2024: Judgment on the Interpretation and Application of Hydropower Concessions
Summary of the Facts
The judgment concerns a dispute between several municipalities and A.________ AG regarding the obligation to bear costs for special network connections under concessions for the use of hydropower from the Hinterrhein. The municipalities demand that A.________ AG cover the costs for network connections of charging stations for electric mobility as well as energy-intensive data processing facilities within the construction zones according to the concession provisions. The Administrative Court of the Canton of Graubünden partially upheld the municipalities' claim; however, it was not competent to clarify Concession 3.
Complete summary of the judgment can be found in the Portal.
2C_588/2024: Judgment on Free Legal Aid and State Liability
Summary of the Facts
The Federal Court examined the legality of the denial of free legal aid by the District Court of Winterthur and the Cantonal Court of Zurich, which was based on insufficient proof of the appellant's need. The appellant, who has been receiving an IV pension and supplementary benefits since 2019, submitted documents from 2022, which the lower courts considered insufficient or not current enough to demonstrate procedural need. No extension was granted for improving the application.
Complete summary of the judgment can be found in the Portal.
9C_257/2025: Withdrawal of the Legal Remedy in a Matter of Disability Insurance
Summary of the Facts
The appellant (represented by his parents) originally approached the Federal Court with a complaint against a decision of the cantonal tribunal of the Canton of Vaud, Cour des assurances sociales, dated April 14, 2025. In a letter dated June 4, 2025, the withdrawal of the complaint was declared.
Complete summary of the judgment can be found in the Portal.
2C_320/2025: Decision on the Admissibility of an Appeal Concerning the Temporary Admission of a Foreigner
Summary of the Facts
A.________, an Algerian national, was expelled from Switzerland for three years by a judgment of the Geneva police court in 2019. His request for temporary admission filed in 2022 was rejected by the Geneva Office for Population and Migration in 2023. Subsequent appeals to the Cantonal Court and the Administrative Justice of the Canton of Geneva were also dismissed, most recently due to the late filing of the appeal. A.________ then submitted an insufficiently substantiated legal remedy to the Federal Court.
Complete summary of the judgment can be found in the Portal.
2D_11/2025: Decision of the Federal Court Regarding the Inadmissibility of a Legal Remedy in Immigration Law
Summary of the Facts
A.________ and B.________, Iranian nationals, were granted temporary admission in Switzerland in 2023 (Permit F). In June 2024, they requested a review of this arrangement from the State Secretariat for Migration (SEM) with a request for a five-year residence permit. SEM pointed out that a cantonal application with a positive preliminary decision was required for the issuance of a residence permit. The complainants raised issues of legal refusal with the Federal Administrative Court, which declared the legal path inadmissible. They then filed a subsidiary constitutional appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_252/2025: Non-admission Complaint Against the Precautionary Revocation of a Driver's License
Summary of the Facts
The appellant A.________ had his driver's license for motor vehicles and his boat driver's license provisionally revoked by the Road Traffic and Shipping Office of the Canton of Bern (SVSA) on December 24, 2024. A traffic medical examination was also ordered. A complaint against this decision was not addressed by the Appeals Commission of the Canton of Bern, as the appellant did not pay the required cost advance even after the expiry of a set deadline. A.________ then turned to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_466/2025: Decision on the Extension of Pre-Trial Detention
Summary of the Facts
The appellant, a Swiss national, was arrested on January 24, 2025, on suspicion of violating the Narcotics Act. He is accused, among other things, of participating in the trade of several hundred grams of cocaine and regular consumption. The appellant suffers from medical issues, particularly muscle cramps, which have intensified since his detention. The Tribunal des mesures de contrainte extended his pre-trial detention until June 24, 2025. The complaint against the extension was dismissed by the Chambre pénale de recours. The appellant then filed a complaint with the Federal Court on May 22, 2025, requesting his release and free legal aid.
Complete summary of the judgment can be found in the Portal.
2C_275/2025: Treatment of an Inadmissible Legal Remedy in the Context of a Dublin Procedure
Summary of the Facts
A.________, a Tunisian citizen, was taken into administrative detention by the Service de la population et des migrations of the Canton of Valais due to a Dublin return to Germany. He has filed multiple legal remedies against this detention and the return to Germany. The appeal to the Federal Court concerns the alleged inadmissibility of his stay in Germany due to an entry ban, without directly challenging the legality of the detention.
Complete summary of the judgment can be found in the Portal.
4A_277/2025: Decision on a Dispute Concerning a Purchase Contract and Defects
Summary of the Facts
This is a dispute between A.________ and B.________ SA concerning a purchase contract and defects. The first instance decision of the District Court of Lugano dated July 22, 2024, ordered A.________ to pay CHF 336,578 to B.________ SA. The cantonal appeal instance reduced the amount to CHF 225,060.73 by judgment dated April 14, 2025. A.________ filed a complaint against this judgment with the Federal Court on May 30, 2025, but outside the legally prescribed deadline.
Complete summary of the judgment can be found in the Portal.