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 dispositives. For the other judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
1C_14/2023: Approval of a construction project on a historically sensitive plot in Aubonne
Summary of the Facts
The A.________ SA applied for a building permit for a building with 14 apartments and a two-story underground parking lot on plot No. 959 in the municipality of Aubonne. This plot is located in a historically sensitive area, partly subject to a protected status zone and is listed in the inventory of protected localities in Switzerland (ISOS). The construction planning faced significant opposition from 416 objectors, as well as from the relevant cantonal authorities and expert committees. The building permit was denied by the municipality and subsequently by the cantonal court in the second instance, as the construction project was deemed incompatible with the norms of aesthetics, local preservation, and monument protection.
Summary of the Considerations
1. The Federal Court declares the present appeal as fundamentally admissible according to Art. 82 ff. BGG, as it concerns a public construction matter. The appellant has the necessary standing to appeal according to Art. 89 para. 1 BGG.
2. The appellant alleges a violation of the right to be heard in the cantonal proceedings and a lack of consideration of submitted evidence. However, the Federal Court sees no procedural defect, as the cantonal instances have correctly decided on legal and technical aspects and no additional evidence or offers were claimed by the appellant.
3. The Federal Court considers the allegations of refusal of compliant construction planning as unfounded. The project was not rejected based on non-compliance with the building law requirements of the zone, but due to its lack of architectural integration into the historical environment and aesthetic discrepancy with the facades and structures of the culturally and historically protected area.
4. The court examines the aesthetic aspects according to Art. 86 LATC and notes that the protection interests of the local image, historical buildings, and the ISOS perimeter are prioritized. Due to the volumetrics, height development, and modern architectural elements of the project, it is seen as disruptive to the listed environment and the situation of the local image.
5. In conclusion, the Federal Court confirms that the rejected building permit was in line with a correct application of cantonal building law and no excessive interference was found.
Summary of the Dispositive
The appeal is dismissed, and the appellant must pay court fees and party compensation.
9F_25/2024: Revision of a judgment concerning occupational pension
Summary of the Facts
The applicant, spouse of the deceased A.B.________, requested the revision of a judgment of the Federal Court from March 16, 2022 (9C_623/2021). He relied on Art. 121 lit. d BGG, alleging that significant documents had been overlooked. The revision request was only submitted on November 14, 2024, clearly after the expiration of the statutory deadline.
Summary of the Considerations
**(1)** The prior judgment (9C_623/2021) of the Federal Court rejected an appeal by A.B.________ against a judgment of the Social Insurance Court Basel-Stadt, to the extent that it was admitted. The applicant requested the revision of this judgment. **(2)** The proceedings are conducted in German, as German was also used in the contested decision. **(3)** Decisions of the Federal Court are directly legally binding and can only be reviewed under legal revision grounds according to Art. 121–123 BGG. The revision request must be substantiated and submitted within the deadline according to Art. 124 BGG. **(4)** The applicant refers to Art. 121 lit. d BGG, which states that facts may have been overlooked by mistake. However, the required deadline for submitting the revision request was not met; it ended on May 10, 2022. The applicant submitted the request only in November 2024, which is why it cannot be admitted. **(5)** The revision request is late and unfounded. It is dismissed without exchange of pleadings; court costs are imposed on the applicant.
Summary of the Dispositive
The revision request is not admitted, and court costs are imposed.
7G_1/2025: Decision on the correction request and its withdrawal in the proceedings
Summary of the Facts
The applicant submitted a correction request concerning a previous Federal Court judgment (7B_256/2024 and 7B_347/2024). The correction request was withdrawn before the substantive examination on March 11, 2025, rendering the proceedings moot.
Summary of the Considerations
(1) The date of withdrawal of the correction request is established. Due to the withdrawal, the proceedings are rendered moot and are dismissed according to Art. 32 para. 2 BGG. (2) The applicant bears the court costs of CHF 300.-- according to Art. 66 BGG, as he caused the proceedings by withdrawing the request.
Summary of the Dispositive
The proceedings are dismissed, and court costs of CHF 300.-- are imposed on the applicant.
6B_895/2024: Decision on allegations of fraudulent conduct against authorities and defamation
Summary of the Facts
A.________ was convicted by the cantonal court for fraud against authorities and defamation. She allegedly entered into a sham marriage contract to obtain a residence permit in Switzerland and falsely accused her husband of psychological violence and other crimes, intending to evade expulsion from Switzerland. The Federal Court is addressing her appeal regarding the conviction and the alleged violation of legal principles, including the prohibition of arbitrariness and the presumption of innocence.
The complete summary of the judgment can be found in the Portal.
5A_435/2024: Judgment on the opposition action concerning the seizure of shares
Summary of the Facts
The bank C.________ filed a debt enforcement request against the debtor D.________, in which a definitive opening of rights was granted. Following the assignment of the claim to A.________ (appellant), bearer shares of F.________ AG were seized. However, D.________ had already transferred these shares in writing to his wife B.________ (respondent) in 2019 via an assignment declaration. The debt enforcement office then set a deadline for an opposition action. The first instance recognized the ownership claim of the respondent, while the appellate court referred the case back for further clarification. A.________ appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
9C_527/2024: Judgment of the Swiss Federal Court on disability insurance
Summary of the Facts
The respondent A.________, born in 1991, applied several times for benefits from disability insurance (IV), which were initially denied. After further vocational integration measures and medical clarifications, the IV issued a decision again, which denied a pension and occupational measures. The cantonal insurance court of the canton of Solothurn overturned this decision and granted A.________ a full disability pension as of December 1, 2014. Furthermore, the IV office was obliged to cover the costs of a court expert report.
The complete summary of the judgment can be found in the Portal.
2C_561/2024: Decision on residence permit for hardship reasons and expulsion
Summary of the Facts
The Kosovar and North Macedonian spouses A.A.________ and B.A.________, along with their two children born in Switzerland, opposed the expulsion order issued by the canton of Geneva and the refusal of a residence permit for hardship reasons. They particularly argued adverse health consequences if the family had to return to Kosovo.
The complete summary of the judgment can be found in the Portal.
1C_64/2025: Decision on the amendment of birth dates in the SYMIC system
Summary of the Facts
A.________, a Moroccan citizen, applied for asylum in Switzerland on May 29, 2024, claiming to be a minor with the birth date of June 15, 2007. The State Secretariat for Migration (SEM) initiated a medical age assessment, which indicated a probable age between 18 and 23 years. The SEM changed A.________'s birth date in the central SYMIC system to January 1, 2006, marked as "disputed." The Federal Administrative Court confirmed this decision. In the proceedings before the Federal Court, A.________ requested the amendment of the birth date to June 15, 2007.
The complete summary of the judgment can be found in the Portal.
9C_584/2024: Judgment on procedural prerequisites in health insurance
Summary of the Facts
The appellant A.________, an entrepreneur, was insured against loss of earnings due to illness through his employer at Helsana. After Helsana received indications that A.________ might still be working despite certified incapacity for work, it initiated a surveillance. Based on the surveillance results, Helsana ceased the payment of daily allowances, demanded the refund of already paid amounts, and requested the reimbursement of the surveillance costs. The cantonal insurance court partially confirmed and partially amended these decisions and referred the case back for further clarification of the benefit obligations. The appellant appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_892/2024: Proceedings concerning access to files – Withdrawal of the appeal in the case of a representation guardianship with asset management
Summary of the Facts
The appellant (niece of the deceased testator) had filed an appeal in civil matters against the decision of the Cantonal Court of Aargau, which rejected her request for access to the final report with the accountant's report of the guardian. During the proceedings, the appellant requested a stay of the appeal and ultimately withdrew it.
The complete summary of the judgment can be found in the Portal.
7B_35/2025: Rejection of conditional release from the measure of criminal detention
Summary of the Facts
A.________ was convicted in 2013 for serious offenses, including those against sexual integrity, and transferred to criminal detention. In the years since his detention, several psychiatric reports were prepared, consistently showing a high risk of recidivism and establishing his mental disorders. In 2023, the responsible authority rejected the conditional release from detention and a conversion into a therapeutic measure. Furthermore, the preparation of a new report was rejected. A cantonal court partially dismissed the appeal of A.________ but ordered supportive measures and a partial report on therapeutic influenceability.
The complete summary of the judgment can be found in the Portal.
1C_582/2024: Judgment concerning the building permit for a mobile communications facility
Summary of the Facts
Swisscom (Schweiz) AG received a building permit for a mobile antenna facility from the Lindau building authority, which was contested by A.________ AG. The building appeals court of the canton of Zurich did not admit the appeal of A.________ AG due to a missed deadline. This order was confirmed by the administrative court, which denied the deficient construction publication and declared the appellant's right to appeal forfeited. A.________ AG subsequently appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
7B_145/2025: Unsealing a mobile phone in connection with a criminal investigation for violation of the narcotics law
Summary of the Facts
The Zurich-Limmat public prosecutor's office is conducting a criminal investigation against A.________ for the importation of 7.18 kilograms of cocaine mixture into Switzerland, which constitutes a qualified violation of the narcotics law. During a control, a mobile phone was seized, which A.________ had sealed. The District Court of Zurich, coercive measures court, ordered the unsealing and search of the mobile phone. A.________ appealed to the Federal Court, claiming that private secrets are opposed to unsealing, and requested the annulment of the order as well as free legal aid.
The complete summary of the judgment can be found in the Portal.
9C_404/2023: Decision on tax rates in joint parental custody
Summary of the Facts
The appellant A.________ demands a change in the tax regulations for the parental tax rate concerning the tax burden in connection with joint parental custody and the equal cost sharing for the children from the marriage. The cantonal and federal tax authorities implemented a preferred regulation in favor of A.________ for the tax period 2019 by applying the parental tax rate. He demands a division of the rate with equal tax relief for both parents, even for subsequent tax periods until the children reach adulthood. The lower courts rejected the adjustment and extension of the tax case.
The complete summary of the judgment can be found in the Portal.
6B_881/2024: Judgment on professional fraud and procedural complaints
Summary of the Facts
The appellant A.A.________ was convicted of completed and partially attempted professional fraud by making false statements about her work ability and health to doctors and social insurance to unlawfully receive insurance benefits. The lower courts considered the deception as professional and attributed conscious action to the appellant. The appellant appealed to the Federal Court against the judgment of the Cantonal Court of Nidwalden. She requested acquittal, dismissal of the civil claims, and compensation for detention.
The complete summary of the judgment can be found in the Portal.
2C_165/2025: Appeal against the refusal of a residence permit and order for expulsion enforcement
Summary of the Facts
Three Peruvian nationals, including a minor child, applied for a residence permit in the canton of Vaud. The Service de la population refused the permit and ordered their expulsion. The cantonal authorities dismissed their legal remedies. The affected parties then filed an appeal with the Federal Court, alleging a violation of Art. 30 para. 1 lit. b LEI and threats from the mafia in their country of origin.
The complete summary of the judgment can be found in the Portal.
5A_437/2024: Opposition action regarding ownership claim to shares
Summary of the Facts
In a debt enforcement against D.________, 1,100 bearer shares of F.________ AG were seized by the Debt Enforcement Office Zug. B.________ claimed ownership of these shares in an opposition action, alleging that she had acquired them through an assignment declaration dated July 8, 2019. E.________ filed a lawsuit to deny B.________'s ownership of the shares. The Cantonal Court had decided that the shares were transferred to B.________ through a possession instruction according to Art. 924 para. 1 ZGB and referred the matter back to the Cantonal Court for clarification of further points.
The complete summary of the judgment can be found in the Portal.
9C_682/2024: Claim for disability pension
Summary of the Facts
The insured A.________ interrupted her professional career due to health restrictions and applied for benefits from disability insurance, which were initially partially granted but later denied. After a deterioration in her health condition, she submitted another application in 2020. The disability insurance denied this, as did the cantonal court. The insured then filed an appeal with the Federal Court.
The complete summary of the judgment can be found in the Portal.
9C_486/2024: Judgment on the question of entitlement to disability pension upon reapplication
Summary of the Facts
The insured A.________, born in 1963, had previously received a disability pension, which was revoked in 2013. He reapplied for benefits from disability insurance, but the IV office of the canton of Aargau did not recognize an entitlement to a pension based on various medical reports. The insurance court of the canton of Aargau dismissed the appeal against the decision of the IV office. The insured filed an appeal in public law matters before the Federal Court.
The complete summary of the judgment can be found in the Portal.
8C_112/2024: Judgment on the assessment of insured earnings and valid income in accident insurance
Summary of the Facts
A.________ was employed as part of a doctoral program and thus insured against accidents with AXA. After a riding accident, she was awarded daily allowances and subsequently a pension as well as an integrity compensation. The degree of disability was set at 85%. The cantonal court increased the valid income and the insured earnings and referred the matter back to AXA for further clarification. AXA appealed to the Federal Court, challenging the calculations of the lower court.
The complete summary of the judgment can be found in the Portal.
6B_530/2024: Judgment on multiple qualified embezzlement and violation of the weapons law
Summary of the Facts
The judgment centers on a crime committed by A.________ between 2013 and 2016, during which he, as a bank advisor, unlawfully withdrew funds from his client C.B.________'s account and stored them in a safe for his own use, causing a financial loss. A.________ was also charged with violating the weapons law. After the death of the client, her heir B.B.________ took over the party position.
The complete summary of the judgment can be found in the Portal.
6B_360/2024: Judgment on a criminal case concerning injuries due to negligence
Summary of the Facts
A.________, a daycare provider, was convicted of negligent bodily harm after a child under her supervision was bitten by a dog. B.________, the owner of the dog, was initially also convicted, but his appeal led to the dismissal of the proceedings against him. A.________ further appealed the judgment to the Federal Court, seeking her acquittal, the conviction of B.________, and damages from the state.
The complete summary of the judgment can be found in the Portal.
4A_644/2024: Decision on the admissibility of appeals due to non-payment of court fees
Summary of the Facts
The appellant contested the definitive opening titles confirmed by the lower court. He filed two appeals with the Federal Court. Due to unpaid cost advances, it was decided that the appeals are inadmissible.
The complete summary of the judgment can be found in the Portal.
7F_12/2025: Withdrawal of a revision request
Summary of the Facts
The applicant submitted a revision request against two judgments of the Swiss Federal Court dated February 17, 2025. The request, referred to as a "request for reconsideration," was accepted by the Federal Court as a revision request. A withdrawal of the application occurred on March 13, 2025, rendering the proceedings moot.
The complete summary of the judgment can be found in the Portal.
7B_1339/2024: Decision to not proceed with a criminal complaint
Summary of the Facts
The appellant filed a criminal complaint against a district judge for abuse of office in connection with an order for protection measures against violence. The Zurich-Sihl public prosecutor's office did not proceed with the complaint, which was confirmed by the Zurich appellate court. The appellant then appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
8C_249/2024: Claim for transitional benefits for older unemployed individuals
Summary of the Facts
The appellant (born 1962) applied to the compensation office of the canton of Bern for transitional benefits for older unemployed individuals, which were denied due to his exit from employment before the age of 60 and before the entry into force of the ÜLG (July 1, 2021). The lower courts confirmed the denial of the claim.
The complete summary of the judgment can be found in the Portal.
4A_142/2025: Contract for the rental of commercial premises
Summary of the Facts
The landlord B.________ SA sued the tenant A.________ SA for eviction and payment of outstanding rent amounts as well as the release of the rental guarantee. The cantonal court declared the tenant's objection inadmissible due to insufficient justification. The tenant subsequently appealed against this decision to the Federal Court.
The complete summary of the judgment can be found in the Portal.
8C_133/2025: Judgment on social assistance (procedural prerequisite)
Summary of the Facts
The appellant A.________ challenged a judgment of the Administrative Court of the canton of Zurich before the Federal Court. The Administrative Court had rejected a complaint from the appellant against the decision of the District Council of Winterthur to not proceed. The District Council had not proceeded with an appeal against the decision of the social commission of the municipality of Brütten and instead referred the submission to the municipal council Brütten, as the internal legal remedy path of the municipality had to be followed first.
The complete summary of the judgment can be found in the Portal.
7B_290/2023: Judgment on multiple fraud and forgery of documents in connection with Covid-19 loans
Summary of the Facts
The appellant A.________ applied for two loans from a bank during the Covid-19 pandemic, providing false revenue and employee figures for two different companies. The loans were granted and disbursed, although they exceeded the legally permissible amount. In the first instance, he was convicted of multiple fraud and received a conditional sentence. On appeal, the sentence was increased after an additional conviction for forgery of documents.
The complete summary of the judgment can be found in the Portal.
6F_6/2025: Decision on the revision of judgments in criminal matters
Summary of the Facts
A.________ and B.________ each requested the revision of Federal Court judgments (6B_20/2024 and 6B_34/2024) from December 17, 2024. A.________ requested his full acquittal and subsidiarily the referral to the lower instance, as well as the granting of free legal aid. B.________ requested acquittals on various counts, clarifications regarding procedural results, and claims for damages as well as moral compensation. Both requests related to a judgment of the cantonal criminal chamber concerning the same legal and factual issue.
The complete summary of the judgment can be found in the Portal.
2G_1/2025: Decision on a request for interpretation and correction of a previous judgment
Summary of the Facts
A.________ and B.________ requested compensation from the municipality of C.________ for transport and care costs of their children. After their legal remedies were rejected by the prefecture and the cantonal court, they appealed to the Federal Court, which partially dismissed the case. Subsequently, they requested the Federal Court to correct the judgment to include transport for an additional school (Y.________).
The complete summary of the judgment can be found in the Portal.
8C_316/2024: Judgment on reapplication to disability insurance
Summary of the Facts
The appellant, A.________, reapplied to disability insurance after a legally binding refusal of a disability pension, citing an alleged deterioration in her health condition. The IV office did not proceed with the application, as it believed no significant deterioration was credibly demonstrated. The cantonal insurance court and the Federal Court confirmed this decision.
The complete summary of the judgment can be found in the Portal.
6B_986/2024: Decision on non-proceeding due to unpaid cost advances
Summary of the Facts
The appellant filed an appeal against a judgment of the Cantonal Court of Zurich, which concerned multiple attempted animal cruelty. The Federal Court required the legally mandated cost advance, which was not paid within the set deadline and the subsequent grace period. Furthermore, it was established that the provided c/o delivery address was not functional, which is to the detriment of the appellant.
The complete summary of the judgment can be found in the Portal.
6B_226/2025: Decision on the observance of deadlines and withdrawal fiction of an appeal in criminal proceedings
Summary of the Facts
The appellant A.________ was convicted in absentia by the Basel-Landschaft Criminal Court on April 26, 2023, for multiple fraud, obstruction of an official act, and other offenses. The court imposed a prison sentence of 24 months, a fine, and a seven-year expulsion. A.________ filed an appeal, which was dismissed as moot by the Cantonal Court of Basel-Landschaft on April 22, 2024, due to the withdrawal fiction (Art. 407 para. 1 lit. c in conjunction with Art. 87 para. 2 StPO), as he had not provided a delivery address in Switzerland and was unreachable for his official defender. A.________ subsequently appealed against this decision in criminal matters on March 5, 2025.
The complete summary of the judgment can be found in the Portal.
2C_167/2025: Decision on the non-extension of a residence permit EU/EFTA
Summary of the Facts
The Lithuanian national A.________, formerly holding a temporary residence permit EU/EFTA in Switzerland, has not engaged in any employment since January 2019 and has been receiving social assistance since November 2019. The Migration Office of the canton of Zurich refused to extend the permit. All cantonal authorities confirmed this decision, against which she ultimately filed an appeal with the Federal Court.
The complete summary of the judgment can be found in the Portal.
8C_80/2025: Withdrawal of the legal remedy in the field of unemployment insurance
Summary of the Facts
The appellant A.________ filed an appeal against a decision of the Tribunal cantonal du canton de Vaud, Cour des assurances sociales from January 9, 2025. However, in her written communication of February 12, 2025, she withdrew her legal remedy application.
The complete summary of the judgment can be found in the Portal.
4D_46/2025: Decision on the inadmissibility of an appeal in a tenancy law case
Summary of the Facts
The appellants A.________ and B.________ challenged a decision of the Cantonal Court of Obwalden dated January 31, 2025, in which their appeal against the dismissal of a lawsuit by the Cantonal Court presidency was rejected. The dispute concerned a monetary claim of CHF 5,000.– from a tenancy agreement. At the same time, the appellants submitted a request for free legal aid.
The complete summary of the judgment can be found in the Portal.
4A_141/2025: Judgment on the admissibility of an appeal in a tenancy law case
Summary of the Facts
The appellant A.________ was ordered by the tenancy court of the Sense and Seebezirk to vacate a commercial space rented by him and to pay outstanding rent. A request for restoration of the appeal deadline and an appeal before the Cantonal Court of Fribourg were dismissed. The appellant then filed an appeal with the Federal Court on March 17, 2025.
The complete summary of the judgment can be found in the Portal.
9C_397/2023: Tax calculation in joint custody and alternating care
Summary of the Facts
The appellant A.________ and her ex-spouse B.________ share joint parental custody of their children and have agreed to alternating care without maintenance payments, whereby both parents equally bear the costs of the children. The point of contention is the application of the so-called "barème parental" (parental rate) for the tax years 2019 and 2020 at cantonal and federal levels. The cantonal tax service erroneously granted the parents the rate to one parent with a higher income. The cantonal lower court decided to maintain the original regulation.
The complete summary of the judgment can be found in the Portal.
7B_144/2025: Decision on the order of pre-trial detention
Summary of the Facts
The appellant, an Italian national, is accused of having stored large quantities of illegal drugs (cocaine, ecstasy, MDMA) for sale or resale in his apartment in U.________. He is also accused of regular drug use. He was arrested on December 12, 2024, as part of an investigation against a drug network. During a search, drugs, a scale, and cash were seized. The coercive measures court (TMC) ordered pre-trial detention until February 12, 2025. The cantonal appellate chamber confirmed the detention due to a risk of collusion. The appellant demands the annulment of the detention from the Federal Court and requests immediate release.
The complete summary of the judgment can be found in the Portal.