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New Federal Court rulings from 26.11.2025

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 dispositives. For the further rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There, you can configure your newsletter and receive the latest rulings tailored to your areas of law.

1C_336/2025: Decision on Authorization for Prosecution Against Employees of the St. Gallen Cantonal Police

Summary of the Facts

A.________, residing in Wil, was reported by his estranged wife for forgery. A.________ subsequently filed several criminal complaints, including against employees of the St. Gallen Cantonal Police for abuse of office, as he was allegedly denied the immediate filing of a counter-complaint. The indictment chamber of the St. Gallen canton refused to authorize prosecution against the police officers. A.________ appealed this decision to the Federal Court.

Summary of the Considerations

The Federal Court finds that the appeal in public law matters is generally admissible, as the requirements according to Art. 82 lit. a BGG are met. It only examines the violation of fundamental rights if corresponding complaints are substantiated. The lower court judged that there was no abuse of office, as neither unlawful coercion was exercised nor a prevailing coercive situation was maintained. The appellant could not demonstrate that he was in a coercive situation. The appellant raised a claim of favoritism according to Art. 305 StGB and a violation of the right to equal and fair treatment (Art. 29 BV), but could not substantiate this sufficiently. The appeal is dismissed as obviously unfounded, to the extent it is admissible.

Summary of the Dispositive

The appeal was dismissed, and no court costs were imposed.


5F_60/2025: Ruling on the Request for Revision Against the Judgment

Summary of the Facts

The applicant submitted a request for revision to the Federal Court against the judgment of September 18, 2025 (5A_769/2025), in which the Federal Court had not addressed an appeal due to insufficient reasoning. The applicant claimed a violation of his right to be heard and the fair trial principle, as allegedly relevant documents had not been considered.

Summary of the Considerations

- **(E.1)** The original ruling was based on insufficient reasoning of the appeal in simplified proceedings (Art. 108 Abs. 1 lit. b BGG). - **(E.2)** The revision of a ruling can only be requested for the reasons explicitly stated by law (Art. 121 ff. BGG). The applicant must rely on one of these reasons or present corresponding facts. A revision does not serve to re-discuss the legal situation or to improve an insufficient appeal reasoning. - **(E.3)** The applicant invoked Art. 121 lit. d BGG and claimed that the right to be heard was violated because the Federal Court had overlooked relevant documents. However, the Federal Court denied this, as the reasoning requirements of the original appeal were assessed independently of the cantonal documents. - **(E.4)** The request for revision aimed past the content of the original ruling and served solely to rectify the insufficient reasoning of the appeal. This does not correspond to the purpose of a revision procedure. - **(E.5)** The request for free legal assistance was to be dismissed due to the hopelessness of the revision request (Art. 64 Abs. 1 BGG).

Summary of the Dispositive

The request for revision was dismissed, and the request for free legal assistance was also dismissed.


5A_976/2025: Cancellation of the Certificate of Inheritance

Summary of the Facts

The appellant had entered into an inheritance contract with his parents in 1981, according to which the mother was to become the sole heir upon the father's prior death, with the appellant waiving his rights. After the mother's death in July 2025, a certificate of inheritance was issued to him based on statutory inheritance law. After the submission of a will from the mother dated June 2024, which provided for a different distribution of inheritance, the District Court of Einsiedeln revoked the certificate of inheritance. The Cantonal Court of Schwyz confirmed this decision. The appellant appealed to the Federal Court.

Summary of the Considerations

- (E.1) The factual findings of the lower court are binding on the Federal Court, unless there is an arbitrary determination of facts, for which a substantiated complaint would be required. A clear and factual engagement with the contested decision is necessary for an appeal. - (E.2) The Cantonal Court found that certificates of inheritance only have declaratory effect and are subject to later changes. They can be corrected or revoked, for example, upon presentation of new wills. - (E.3) The appellant did not adequately engage with the reasoning of the lower court, but improperly presented his own assumptions regarding the facts and claimed the invalidity of the will in general terms. - (E.4) Due to the insufficient reasoning, the appeal is regarded as obviously insufficient, and therefore it is not addressed.

Summary of the Dispositive

The appeal was not upheld, and the court costs were imposed on the appellant.


7B_1388/2024: Review of the Application of Safety Margins in Alcohol Measurements

Summary of the Facts

A.________ was checked by the police on July 2, 2022, for driving under the influence of alcohol. Alcohol levels were determined using an ethylometer, which exceeded the legal limits. The police court of the Tribunal of the Montagnes and Val-de-Ruz found A.________ guilty of qualified drunkenness on March 14, 2023, and imposed a fine and a penalty. In the appeal process, the Cantonal Court of Neuchâtel reduced the penalty and classified the behavior merely as simple drunkenness, applying a safety margin of 7.5% to the ethylometer's measurement result. The public prosecutor's office appealed to the Federal Court against this.


7B_600/2025: Inadmissibility of Appeals

Summary of the Facts

The appellant filed complaints on June 30, 2025, against three judgments of the Cantonal Court of Fribourg, Criminal Chamber, from May 19, 2025, in which his complaints against three non-admissibility decisions of the Fribourg public prosecutor's office were dismissed.


8C_112/2025: Judgment on Disability Pension

Summary of the Facts

A.________ registered for disability insurance benefits in October 2023 due to health problems (including neck and shoulder complaints). The IV office of the canton of Zurich rejected her application after medical clarifications and a statement from the Regional Medical Service (RAD) in February 2023 and again in July 2024. The Social Security Court of the canton of Zurich dismissed her appeal against this decision on December 23, 2024. With an appeal to the Federal Court, A.________ requested a disability pension with a degree of disability of at least 52.8% or additional medical clarifications.


7B_652/2023: Appeal of A.________ Against the Termination of the Criminal Proceedings

Summary of the Facts

The Federal Court had to decide on an appeal by A.________ against a decision of the lower court, the Chambre pénale de recours of the Cour de justice of the canton of Geneva. This decision confirmed the public prosecutor's order in Geneva to terminate a criminal investigation against G.________ and A.________. A.________ had been accused of failing to fulfill her duty of support or education. In the context of this termination, A.________ was awarded compensation for non-material damages of CHF 2,000, but further claims for compensation for economic damages and higher compensation for non-material damages were dismissed. In her appeal, A.________ mainly requested the annulment of the lower court's decision and increased compensation.


7B_727/2025: Judgment on Prison Conditions

Summary of the Facts

A.________ was sentenced in 2014 to a prison sentence and a stationary therapeutic measure for intentional homicide and other crimes. After later judicial reviews, the measure was lifted, and a detention was ordered. In 2025, A.________ requested, among other things, the improvement of his prison conditions and the lifting of the detention. The Administrative Court of the canton of Solothurn partially referred the matter back to the Department of the Interior for further clarification and dismissed the other requests, after which A.________ appealed to the Federal Court.


8C_521/2025: Judgment on the Recovery and Waiver of Unjustly Received Short-Time Work Compensation

Summary of the Facts

The A.________ GmbH received short-time work compensation in the amount of CHF 258,663.15 in 2020, which the SECO later reclaimed due to insufficient work time control. A subsequent request for the waiver of this reclaim was rejected by the Office for Economic Affairs and Labour of the canton of Solothurn and subsequently by the Insurance Court of the canton of Solothurn. The A.________ GmbH subsequently appealed to the Federal Court.


5A_957/2025: Judgment Regarding Non-Admission of a Recusal Request

Summary of the Facts

The appellant filed a recusal request and an appeal against a seizure announcement from the enforcement office and against the participation of a judge in the proceedings. After various interim decisions, the Cantonal Court of St. Gallen did not address the appellant's submissions. The appellant then filed an appeal to the Federal Court, along with several submissions and requests for precautionary measures.


5A_969/2025: Non-Admission of a Divorce Appeal

Summary of the Facts

The appellant requested a divorce from his marriage with a submission dated June 18, 2025, but did not provide the address of the respondent. The District Court of Dietikon set a deadline for this, but on September 15, 2025, did not address the lawsuit due to the missed deadline. The appellant appealed this decision, which the Higher Court of the canton of Zurich also did not address on October 16, 2025, due to insufficient reasoning. The appellant then approached the Federal Court on November 7, 2025.


5A_951/2025: Non-Admission of the Appeal

Summary of the Facts

The appellant, who suffers from complex psychological impairments and receives a disability pension, applied to the Child and Adult Protection Authority (KESB) Liestal for the cancellation of her guardianship. The KESB rejected the application and extended the existing guardianship. The Cantonal Court of Basel-Landschaft partially lifted the accompanying guardianship and referred the matter back for reassessment. The appellant then filed an appeal to the Federal Court.


5A_972/2025: Judgment Regarding Marriage Protection Measures

Summary of the Facts

The parties, who married in Pakistan in 2016 and have three children, have been living separately since June 2025. After a marriage protection procedure, the marital home was assigned to the respondent (wife), custody of the children was granted to her, and the appellant (husband) was obliged to pay child support. The appellant appealed this decision of the District Court, which the Cantonal Court of St. Gallen did not address on October 8, 2025, as the reasoning was unclear and contradictory. With an appeal to the Federal Court, the appellant requests the allocation of the marital home or the examination of alternative living solutions, as well as a reassessment of the facts.


1C_149/2025: Judgment on Driver's License Revocation Due to Driving Without Authorization

Summary of the Facts

A.________ was driving a delivery van with a trailer on October 27, 2023, although he did not have a valid learner's permit of category BE. This led to a penal order by the Public Prosecutor's Office of the canton of Bern. The Road Traffic and Navigation Office (SVSA) of the canton of Bern subsequently revoked his driver's license and learner's permit of category BE for four months and required him to take a traffic course. The appeal commission confirmed this measure. A.________ appealed this judgment to the Federal Court.


4A_250/2025: Judgment on the Appointment of a Special Investigation in a Stock Corporation

Summary of the Facts

Between A.________ AG (appellant) and B.________ AG (respondent), there was a long-standing cooperation for the manufacture and distribution of gastronomy kitchen appliances. The relationship between the parties significantly deteriorated from 2020 onwards. In 2022, majority shareholders of A.________ AG founded G.________ AG and allegedly transferred essential operating parts of A.________ AG to it. The B.________ AG then submitted a request to the Zug Higher Court for the appointment of a special investigation to clarify questions regarding the 2022 annual financial statement of A.________ AG, as it suspected de facto liquidation actions and breaches of duty by the board of directors.


7B_583/2025: Decision on the Lifting of Seals

Summary of the Facts

The appellants A.________ SA and B.________ Sàrl requested the Federal Court to maintain the seals on seized data, as they claimed these were protected by attorney-client privilege. This data was seized in connection with investigations regarding potential violations of federal legislation on private security services abroad.


5F_55/2025: Judgment on Non-Processing of a Revision Request

Summary of the Facts

The applicant was unsuccessful in the judgment 5A_614/2025 of the Federal Court dated August 15, 2025, as his appeal was dismissed due to insufficient reasoning. Subsequently, he requested several times the annulment or withdrawal of this judgment, particularly citing incorrect party designations and missing handwritten signatures. The Federal Court interpreted these submissions as a request for revision.


9C_406/2025: Decision on Disability Insurance

Summary of the Facts

A.________, born in 1978, mechanic and last employed as a warehouse clerk, applied in September 2021 for benefits from disability insurance (IV) due to a lombosciatal disease existing since 2016 and incapacity for work since April 2021. The IV office of the canton of Ticino initially recognized a full pension temporarily (April to May 2022), but decided after an examination that A.________ was able to work fully again as of June 2022. The insured filed appeals against this. The lower court, the Insurance Court of the canton of Ticino, dismissed the appeal.


5A_950/2025: Inadmissibility of the Change of Mandate Holder in an Adult Protection Matter

Summary of the Facts

The appellant, who is under combined guardianship, challenged the decision of the KESB to replace the previous guardian with a new guardian. The Cantonal Court of Basel-Landschaft had referred the matter back to the KESB for reassessment and decided to continue the mandate with the previous guardian until a new guardian was appointed. The appellant appealed this decision to the Federal Court.


8C_76/2025: Decision Regarding Disability Pension and Revision Grounds

Summary of the Facts

The appellant A.________ had previously submitted several applications for a disability pension, all of which were rejected. After a new application in 2018 due to health deterioration, the IV office of the canton of Zurich again rejected the benefit request in a decision dated January 23, 2024, as there was no ground for revision in the sense of Art. 17 Abs. 1 ATSG. The Social Security Court of the canton of Zurich subsequently dismissed the appeal filed against it.


1C_346/2025: Inadmissibility of the Appeal Regarding Standing

Summary of the Facts

The police inspectorate of the city of Bern raised the risk level of a football match between BSC Young Boys and Grasshoppers Zurich to a higher level ("red") and ordered various restrictive measures, including the closure of a stadium area and restrictions on ticket sales. Several season ticket holders of this sector filed appeals against these measures. Following the decision of the Bern-Mittelland government office regarding jurisdiction and standing, the Administrative Court of the canton of Bern revoked this affirmation and denied the standing of the season ticket holders. The appellants then approached the Federal Court.


7B_1050/2025: Inadmissibility

Summary of the Facts

The appellant A.________ filed a criminal complaint on January 24, 2025, against two customer advisors at B.________ AG for fraud. After a request from the public prosecutor's office of the canton of Basel-Stadt for clarification of the criminal complaint, the appellant filed a complaint for denial of justice on May 21, 2025, which the appellate court of the canton of Basel-Stadt dismissed on September 8, 2025, to the extent it considered it. The appellant then appealed to the Federal Court.


1C_433/2024: Judgment Regarding Building Permit for a Photovoltaic System on Agricultural Property

Summary of the Facts

The appellants applied for a building permit for the installation of a photovoltaic system (PV system) on the roof, a facade side, and a newly planned supporting structure (canopy extension) of an agricultural shed in Güttingen. However, this shed was partially constructed unlawfully, and its northern facade must be replaced by a wooden facade according to a legally binding restoration decision. The municipality refused the building permit, and after final cantonal rejection, the matter reached the Federal Court.


7B_1386/2024: Granting of the Appeal in Connection with Alcohol Measurement Procedures

Summary of the Facts

A.________ was charged with driving under the influence of alcohol in connection with an incident on December 13, 2021. The original conviction of the police court (June 2023) included a conditional fine (25 days); however, the Cantonal Court reduced the conviction and found a different interpretation of the legal provisions regarding the measurement accuracy of alcohol tests.


5A_754/2025: Inadmissibility of the Appeal Regarding the Precautionary Lifting of the Right to Determine Residence

Summary of the Facts

The parents A.________ and B.________ were temporarily and conditionally deprived of the right to determine the residence of their son C.________ by the Child and Adult Protection Authority (KESB) Basel-Stadt in a decision dated March 13, 2025. The son was placed in a transitional home, and guardianship was established. The Appeals Court of Basel-Stadt dismissed a subsequent appeal by the parents on June 23, 2025. With an appeal to the Federal Court, the parents requested, among other things, the lifting of this measure and made declaratory legal requests regarding the alleged unlawfulness of the measure.


9C_420/2025: Decision of the Federal Court 9C_420/2025

Summary of the Facts

A.________, born in 1961, last worked for B.________ SA, which is owned by his sons. After an accident in April 2017, he applied in December 2017 for benefits from disability insurance. The IV office of the canton of Vaud recognized a full disability pension from June 1, 2018, to March 31, 2022, based on his reclassification into adapted employment at B.________ SA. The cantonal court confirmed this decision on July 15, 2025. A.________ appealed the decision to the Federal Court.


7B_526/2025: Inadmissibility of the Recusal Requests

Summary of the Facts

The appellant, A.A.________, was found guilty in the first instance of violating a maintenance obligation (Art. 217 StGB). During the proceedings, he filed several recusal requests against the presiding judge of the police court of the canton of Geneva (Cédric Genton). These were dismissed as inadmissible or unfounded by both the police court and the Geneva appellate instance. A.A.________ subsequently filed several appeals with the Federal Court, which he justified with alleged invalidity of the contested decisions and serious procedural deficiencies.


5A_937/2025: Inadmissibility of the Appeal and Rejected Request for Free Legal Assistance

Summary of the Facts

The appellant initially requested free legal assistance from the District Court of St. Gallen, which did not address the appeal and referred the request to the enforcement office. Subsequently, he filed an appeal and a recusal request against District Judge Frei with the Cantonal Court of St. Gallen, which also did not address the requests due to lack of reasoning. This was followed by an appeal to the Federal Court, which initiated the present proceedings.


7B_424/2025: Inadmissibility of Appeals Against the Lower Court Judgments

Summary of the Facts

The appellant A.A.________, against whom a criminal procedure for violating a maintenance obligation (Art. 217 StGB) is ongoing, repeatedly requested the rejection of the first public prosecutor of the canton of Geneva, Ms. Elsa Studer. The corresponding recusal requests were dismissed or declared inadmissible by the lower court. Subsequently, the appellant filed three appeals with the Federal Court, requesting, among other things, the invalidity of the lower court judgments and the termination of the criminal proceedings.


1C_581/2025: Inadmissibility of the Appeal Regarding Driver's License Revocation and Request for Free Legal Assistance

Summary of the Facts

A.________ filed two appeals with the Administrative Court of the canton of Aargau, contesting a delay in processing his request for immediate reinstatement of his revoked driver's license, which he claimed was a denial of justice. The Administrative Court dismissed his request for free legal assistance on the grounds that the legal requests were deemed hopeless. A.________ then appealed to the Federal Court, requesting, among other things, the annulment of the Administrative Court's decision and the granting of free legal assistance and the provisional reinstatement of his driver's license.


8C_221/2025: Partial Granting of the Appeal

Summary of the Facts

An insured person (A.________) was injured in a workplace accident in 2015, affecting his left knee. The national accident insurance (CNA) recognized a disability compensation of initially 15%, later reduced to 10%, based on a previous accident (2005). The insured contested this decision and requested a higher compensation of 15% as well as reimbursement for costs of privately prepared medical reports. These demands were rejected by the lower court. The present appeal mainly concerns the rejection of the higher compensation and the costs of the reports.