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 dispositive parts. 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 customized to your areas of law.
5A_861/2024: Inadmissibility of an Appeal Concerning the Guardianship of an Adult
Summary of the Facts
The Federal Court deals with an appeal against the decision of the cantonal judicial authorities (Geneva), which confirmed an extended representation and administrative guardianship for A.________ and replaced a new curator. The appellant claimed, among other things, conspiracy, procedural irregularities, and violations of his fundamental rights.
Summary of the Considerations
1. (3.1) The mentioned appeal request, partly aimed at damages, was declared inadmissible due to lack of precise quantification and because of the content deviating from the subject matter of the dispute. 2. (3.2) Supplementary submissions of the appellant submitted after the deadline were also considered inadmissible due to tardiness. 3. (4.1) The cantonal decision-makers rejected a request for an extension of time from the appellant and continued the measure. A language barrier between the affected person and the curator was deemed insignificant since communication was possible in French. 4. (4.2) The complaints regarding local jurisdiction and alleged professional shortcomings of the curator, as well as a claimed conspiracy, were classified as irrelevant and disregarded due to lack of relevance and evidence. 5. (5) The request for an official lawyer was rejected as the appellant was deemed capable of proceeding independently and organizing legal representation.
Summary of the Dispositive
The appeal was dismissed, and the court costs were imposed on the appellant.
1C_565/2024: Judgment on the Revision of the Lucerne Tax Law and the Voting Information
Summary of the Facts
Simone Brunner and David Roth (SP Canton Lucerne) filed a complaint against the government council of the canton of Lucerne. They criticized the preparation for the cantonal referendum on the amendment of the tax law and requested a correction of the voting message as well as a postponement of the vote. They particularly criticized incomplete and partially misleading information, which they believed could have impaired the opinion formation of the voters. The government council rejected the objection, after which the complainants filed a complaint with the Federal Court.
Summary of the Considerations
1. Admissibility of the Complaint The complaint in public law matters according to Art. 82 lit. c BGG is generally admissible. However, individual points were not further processed due to insufficient justification or lack of jurisdiction (E. 1.1 – 1.4). 2. Scope of Review The Federal Court reviews the application of cantonal relevant voting rights for violations of political rights. It only reviews other cantonal provisions for arbitrariness (E. 2). 3. Allegation of Insufficient Voting Explanations Freedom of voting according to Art. 34 para. 2 BV requires correct and restrained official information. The explanations must give sufficient space to the arguments against the proposal and must not be one-sided. The Federal Court concluded that the voting explanations sufficiently and appropriately took the counterarguments into account (E. 3 – E. 4). 4. Lack of Transparency Regarding Financial Impacts The criticism of the complainants regarding incomplete information on the financial consequences of the tax law revision was rejected as unfounded. Essential aspects had been transparently disclosed in the voting documents (E. 5). 5. Misleading Communication through Press Releases The statement published by the government council on August 28, 2024, was assessed as partially opaque. The updated figures on additional revenues from the OECD minimum taxation were published too late and insufficiently concretely. A violation of voting freedom was found, but the significance of this irregularity was relativized (E. 6). 6. Relationship of Tax Relief for Legal and Natural Persons The information regarding the distribution of relief was deemed appropriate and transparent, as a more detailed contextualization was not necessary (E. 7). 7. Uncertainties Regarding Non-Fiscal Measures The criticism of the complainants was rejected, as the government had already addressed these points in the voting explanations (E. 8). 8. Irregularities in the Voting and Consequences The Federal Court decided that the established violation of voting freedom did not justify either the annulment of the vote or a declaration. Given the clear voting result, a decisive influence on the outcome was not seriously to be feared (E. 9).
Summary of the Dispositive
The complaint was dismissed, no court costs were charged, and no party compensation is owed.
5A_429/2024: Measures for the Protection of the Marital Community
Summary of the Facts
The parties (A.________ and B.________), married since 2009 and parents of two minor children, have been living separately since 2020. The wife initially requested measures to protect the marital community. In the first instance, various maintenance payments, living arrangements, and educational decisions were established. Both parties appealed against the judgment, part of which was accepted by the cantonal appellate court. The husband subsequently filed a complaint with the Federal Court.
Summary of the Considerations
(1) The complaint meets the formal requirements and can be addressed. (2.1–2.2) The Federal Court only reviews violations of constitutional rights, whereby the appellant must detail how these were violated. (3.1–3.4) Regarding the issue of child custody, the Federal Court found that the cantonal decision was based on the stability and wishes of the children as well as the previous care situations and is not to be regarded as arbitrary. (4.1–4.2) The appellant's request for a new psychologist for the children was rightly considered inadmissible by the lower court. (5.1–5.4) The determination of the appellant's income by the lower court is deemed erroneous. The Federal Court demands a supplementary review and decision. (6.1–6.3) The consideration of the wife's additional income is regarded as justified and not arbitrary. (7) The question of the children's educational integration remains open and requires re-evaluation after the correct income of the appellant has been established. (8) The consideration of the tax burden of the parties is not regarded as arbitrary but can be reviewed in light of new findings. (9) The retroactive determination of maintenance payments is dependent on the determination of financial capacity and should also be reviewed. (10.1–10.4) The contributions for the wife's legal representation (Provisio ad litem) were confirmed as lawful, as the wife lacks corresponding means and the husband has sufficient liquidity.
Summary of the Dispositive
The Federal Court partially overturned the contested decision and demanded a re-evaluation of the income, while the remaining aspects of the complaint were dismissed.
8C_143/2025: Non-Treatment of a Complaint in the Area of Unemployment Insurance
Summary of the Facts
The appellant opposed the decision of the Administrative Court of the Canton of Thurgau, which confirmed the suspension of his entitlement to unemployment benefits for 36 days based on Art. 30 para. 1 lit. a AVIG. The Federal Court decided not to treat the complaint.
Complete summary of the judgment can be found in the Portal.
8C_385/2024: Decision on Disability Compensation for Sensory Motor Incomplete Paraplegia
Summary of the Facts
A.________ suffered from sensory motor incomplete paraplegia following a car accident. He applied for disability compensation from the IV office of the Canton of Aargau, which was granted only to a slight degree from May 1, 2022, by the decision of September 21, 2023. The Insurance Court of the Canton of Aargau increased the claim to a medium degree. The IV office appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_1454/2024: Judgment Regarding Non-Admittance, Security Deposit, and Non-Acceptance
Summary of the Facts
The appellant filed a complaint with the Cantonal Court of Thurgau against a non-admittance order from the Public Prosecutor's Office of Bischofszell. The Cantonal Court demanded the provision of a security according to Art. 383 para. 1 StPO and forwarded the case to the Federal Court for jurisdiction. The appellant failed to pay the cost advance required by the Federal Court within the specified deadline. The Federal Court did not admit the complaint.
Complete summary of the judgment can be found in the Portal.
1C_692/2024: Judgment on the Voting Rights Complaint Regarding Voting in the City of Chur
Summary of the Facts
The appellant Walter Schmid raised a voting rights complaint against the vote on June 9, 2024, in the City of Chur regarding the new allocation of a building right concerning a specific plot. He argued that the voting message of the municipal council was insufficient. The Administrative Court of the Canton of Graubünden did not admit the complaint as it was submitted late. Walter Schmid filed a complaint with the Federal Court against this non-admittance decision.
Complete summary of the judgment can be found in the Portal.
5A_183/2025: Decision on the Admissibility of a Civil Law Remedy in a Name Change Matter
Summary of the Facts
A.________ had requested a name change, which was denied by the competent cantonal office of the Canton of Vaud. A.________ then approached the Administrative Court of the Canton of Vaud, which partially overturned the department's decision and referred the matter back for further review. The Service de la population (which provides the legal area of civil status for the Department of the Canton of Vaud) subsequently appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
6B_295/2024: Judgment Regarding Qualified Serious Traffic Violation and Evidence Evaluation
Summary of the Facts
The appellant, A.________, was accused of exceeding the maximum speed of 80 km/h by 63 km/h with a rented motorcycle on July 25, 2020. The Regional Court Oberland and the Cantonal Court of Bern convicted him of qualified serious traffic violation according to Art. 90 SVG to a conditionally enforceable prison sentence of 15 months. A.________'s appeal against the lower court's ruling particularly concerns the admissibility of a police report and the evaluation of evidence.
Complete summary of the judgment can be found in the Portal.
5A_774/2024: Decision in the Procedure Regarding the Appeal Against Seizure and Continuation of Enforcement
Summary of the Facts
In an enforcement action against the appellant (A.________), the Office for Debt Collection and Bankruptcy Geneva issued two loss certificates, one of which was personally delivered on October 9, 2024. The appellant filed an appeal against the loss certificate on October 11, 2024, which was dismissed by the cantonal supervisory authority on October 24, 2024. The appellant then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_52/2024: Inadmissibility of Claims from the Pension Policy
Summary of the Facts
This case concerns disputes regarding occupational pension and the claims of the plaintiff (A.________) for benefits from the pension policy of the deceased husband B.________. The plaintiff claims that her signature on the form for the capital payout of the pension policy was forged. The defendant foundation (Retraites Populaires) violated its verification duties. The cantonal court partially granted the complaint, against which the defendant appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_658/2023: Resolution on the Question of Reopening a Decision on Facilitated Naturalization
Summary of the Facts
A.________, a Moroccan national, was facilitated naturalized in 2013. In 2021, this naturalization and the Swiss citizenship of his minor son B.________ were annulled by the State Secretariat for Migration (SEM) due to false information regarding a marital cohabitation. A.________'s attempt to reinstate this decision was rejected by the SEM and later by the Federal Administrative Court. A.________ and his son subsequently filed a complaint with the Federal Court.
Complete summary of the judgment can be found in the Portal.
1C_152/2025: Decision on International Legal Assistance in Criminal Matters: Extradition to Croatia
Summary of the Facts
The Federal Court deals with an appeal against the extradition decision of the Federal Office of Justice, which was confirmed by the Complaint Chamber of the Federal Criminal Court. The appellant, a Croatian national, is to be extradited to Croatia due to a final conviction and an ongoing criminal proceeding for fraud, attempted murder, and serious bodily injury. The appellant argues against the extradition, citing the principle of double criminality as well as the existence of an "impossible attempt."
Complete summary of the judgment can be found in the Portal.
9C_559/2023: Dispute Over the Tax Treatment of a Property Gain
Summary of the Facts
A taxpayer residing in the Canton of Vaud acquired a plot in the Canton of Valais in 2016. The tax treatment of the profit from the sale of this plot in 2017, which was taxed by the Canton of Valais as income from self-employment, is disputed. The taxpayer argued that the plot was acquired only in trust and that the profit was distributed between two other parties. He also claimed a prohibited double taxation, as the profit shares had already been taxed in the Canton of Vaud.
Complete summary of the judgment can be found in the Portal.
5A_989/2023: Decision Regarding the Withdrawal of Free Legal Aid
Summary of the Facts
This case concerns the free legal aid for the respondent C.________, who is conducting a lawsuit against A.________ and B.________. The original decision of the Cantonal Court of Fribourg to withdraw free legal aid was overturned by the cantonal appellate court. A.________ and B.________ turned to the Federal Court demanding that the appellate court's decision be overturned and that the withdrawal of free legal aid be confirmed.
Complete summary of the judgment can be found in the Portal.