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New Federal Court rulings from 20.01.2026

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 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.

2C_694/2025: Decision regarding asylum and procedural issues

Summary of the facts

A.________, an Iraqi national, submitted an asylum application on May 8, 2025, which the State Secretariat for Migration did not consider and additionally ordered that A.________ must leave for France. This decision became legally binding. On August 26, 2025, A.________ submitted a request for reconsideration, which was also not materially addressed on September 19, 2025. Against this decision, A.________ filed a complaint with the Federal Administrative Court on September 24, 2025, which was later withdrawn. The Federal Administrative Court acknowledged the withdrawal on October 30, 2025. On December 3, 2025, A.________ approached the Federal Court again.

Summary of the considerations

The Federal Court examines its jurisdiction and the admissibility of the complaint ex officio, referring to Art. 29 para. 1 BGG and the free examination in this regard. The complaint submitted by the complainant is examined, even if it was mistakenly labeled as a "request for reconsideration." Nevertheless, it is inadmissible under Art. 83 lit. d no. 1 BGG, as decisions of the Federal Administrative Court in asylum matters generally cannot be challenged by means of a complaint in public law matters. This also applies to the subsidiary constitutional legal remedy under Art. 113 BGG. The complaint is therefore obviously inadmissible and is treated accordingly in the simplified procedure according to Art. 108 BGG. The request for suspensive effect is thereby rendered moot. The litigation costs are not charged according to Art. 66 para. 1 BGG, and there is no claim for party compensation. The requests for free legal aid have become moot due to the obvious inadmissibility.

Summary of the dispositive

The complaint was declared inadmissible, and no court costs were charged.


9C_590/2025: Calculation of the old-age pension when transitioning from disability pension to old-age pension according to Art. 33bis LAVS

Summary of the facts

The complainant, born on April 5, 1960, applied for old-age pension benefits from the old-age and survivors' insurance (AHV) on February 28, 2025, after receiving a disability pension since July 2002. The responsible compensation fund awarded him an old-age pension of CHF 1,651 per month on May 15, 2025, calculated based on the disability assessment. The complaint subsequently filed was rejected by the cantonal court on September 25, 2025. The complainant requested the Federal Court to overturn the cantonal decision and award a monthly old-age pension of CHF 1,894.

Summary of the considerations

The complaint in public law matters according to Art. 82 et seq. BGG can be filed in cases of violations of rights according to Art. 95 and 96 BGG. The Federal Court reviews the law ex officio and is not bound by the arguments of the parties (Art. 106 para. 1 BGG). The subject of the dispute is the amount of the complainant's old-age pension from May 2025, which replaces the previously received disability pension. Old-age pensions that replace disability pensions are calculated according to Art. 33bis para. 1 AHVG, based either on the principles of the disability pension or the principles of the old-age pension, depending on which is more favorable for the insured. A comparison of both calculations is necessary. The cantonal court explained the regulations regarding the pension calculation system, including the relevant AHV articles Art. 29bis para. 2, Art. 29ter, Art. 29quater, Art. 29sexies, as well as Art. 36 para. 2 IVG. The complainant argued that an old-age pension of CHF 1,894 would have been correct considering the assessment bases according to a pension scale 39 and an average income of CHF 61,992. The court noted that Art. 33bis AHVG does not allow a mixed approach of assessment bases of the old-age and disability pension. The comparison must take place separately. The mixed form requested by the complainant contradicts the legal requirements. The calculation by the compensation fund, which led to pension scale 34, was recognized as correct. The costs of the proceedings are imposed on the complainant (Art. 66 para. 1 BGG).

Summary of the dispositive

The complainant's complaint was dismissed, and he was imposed court costs.


2C_53/2025: Judgment on residence permit and its revocation as well as the admissibility of the complaint

Summary of the facts

The complainant, an Ethiopian national, submitted an application for a residence permit in 2020 to the Office for Migration and Civil Law of the Canton of Graubünden due to a serious personal hardship according to Art. 14 para. 2 Asylum Act. After initially being issued a residence permit, the migration office revoked it in August 2022 due to false statements. The expulsion from Switzerland was ordered. The complainant appealed the decision to the Federal Court, requesting to remain in Switzerland and provisionally be accepted. The Federal Court examined her submission but decided that the complaint was inadmissible.

Summary of the considerations

E.1. Admissibility of the complaint: The Federal Court found that there was neither a claim for a permit under Art. 14 para. 2 Asylum Act nor a claim based on Art. 8 ECHR. Furthermore, the complainant failed to demonstrate a concretely reasoned risk of inhuman or degrading treatment upon return to Ethiopia. E.1.1-1.5 Art. 8 ECHR was examined with reference to the family and personal life circumstances of the complainant and her life partner. In the absence of a secured residence right of her partner and other potential claims for permits, a claim was denied. E.1.6. Subsidiary constitutional complaint: It was examined whether the submission could be treated as a subsidiary constitutional complaint. The general statements regarding the risk situation of single women in Ethiopia were insufficient to substantiate a serious risk of inhuman or degrading treatment. E.2. Costs and result: The legal remedy was neither admissible as a complaint in public law matters nor as a subsidiary constitutional complaint. The court costs were imposed on the complainant.

Summary of the dispositive

The Federal Court did not consider the complaint and imposed court costs of CHF 2,000 on the complainant.


7B_1121/2025: Judgment on non-admission of a complaint regarding official defense

Summary of the facts

The complainant, A.________, appeals against the decision of the Cantonal Court of Zurich, III. Criminal Chamber, of October 16, 2025. The Cantonal Court had dismissed the complainant's request to grant suspensive effect to the complaint regarding official defense.


4D_218/2025: Judgment regarding legal opening

Summary of the facts

The complainant filed a complaint with the Federal Court against the decision of the Cantonal Court of Schaffhausen, which did not consider the complaint against the granting of the definitive legal opening for CHF 300.--. The complainant submitted two applications that obviously did not meet the requirements for a complaint to the Federal Court according to Art. 42 para. 2 and Art. 106 para. 2 BGG.


4A_134/2025: Judgment regarding exhaustion of basic insurance in an excess insurance contract

Summary of the facts

The plaintiff (A.________ Company), a US insurance company, requested the Commercial Court of the Canton of Zurich to compel the defendant (B.________ AG) to pay her USD 15,000,000.-- plus interest. The defendant is an excess insurer within an insurance tower. The dispute concerned the exhaustion of basic insurance; the previous instance dismissed the lawsuit because the insurance sum of the Primary had not been exhausted according to the contractually agreed conditions.


7B_1140/2025: Non-admission of a complaint due to non-payment of procedural costs

Summary of the facts

A.________ filed a complaint against the decision of the Chambre pénale de recours of the Cour de justice of the Canton of Geneva on October 13, 2025, which had rejected her request to dismiss the public prosecutor Olivia Dilonardo.


2C_364/2025: Decision regarding the non-extension of a residence permit due to separation from the Swiss wife

Summary of the facts

The Tunisian national A.________, married to a Swiss woman since 2020 and father of a common daughter, separated from his wife in 2022. Subsequently, the Migration Office of the Canton of Thurgau refused to extend his residence permit. His complaint against the decision of the Administrative Court of the Canton of Thurgau, which had confirmed the refusal, was directed to the Federal Court.


1C_746/2025: Decision regarding political rights

Summary of the facts

Giammario Trippolini approached the then Federal President Simonetta Sommaruga on January 14, 2020, and complained that ballot envelopes used in his home canton of Graubünden could violate the secrecy of voting. The Federal Chancellery then informed him that a corresponding formal appeal had to be submitted to the canton within three days of becoming aware of the impetus. However, Trippolini repeated these allegations only on November 18, 2024, to the President of the Cantonal Government of Graubünden. The canton did not consider the complaint due to late submission.


4A_653/2025: Judgment regarding delay of justice and free legal aid

Summary of the facts

The complainant filed a complaint about delay of justice against a decision of the District Court of Bülach, which granted an extension for the submission of a response to the complaint. The Cantonal Court of Zurich dismissed her complaint, to the extent that it was admitted.


7B_714/2025: Inadmissibility of a complaint in criminal matters due to insufficient justification

Summary of the facts

The complainant A.________ submitted a complaint on July 25, 2025, in criminal matters against a decision of the President of the Authority for Criminal Complaints of the Cantonal Court of Neuchâtel on June 16, 2025. This did not consider the previous criminal complaint of the complainant, as she had not fulfilled the procedural requirement of providing a cost advance and had not requested legal aid.


7B_1083/2025: Non-admission of a complaint in criminal matters against a challenge decision

Summary of the facts

The complainant A.________ filed a complaint in criminal matters against the decision of the Cantonal Court of Aargau, which did not consider his challenge request due to delay or dismissed it. The complainant argued that the judgment of the previous instance was based on incorrect findings of fact and legal applications; additionally, as a layperson, he was not aware of the timely submission of the request.


4F_55/2025: Decision on the request for revision

Summary of the facts

The applicant requested the Federal Court to revise the judgment 4D_181/2025 of October 29, 2025, in which the Federal Court did not consider a complaint of the applicant. In addition to the annulment of the judgment and the re-evaluation of the matter, the applicant raised further claims and submissions that were not part of the request for revision.


1C_753/2025: Decision regarding the precautionary withdrawal of the driver's license

Summary of the facts

The complainant A.________ appeals against the decision of the Cantonal Court of Valais, which did not consider her complaint regarding the precautionary withdrawal of her driver's license due to a non-advanced cost.


1C_648/2025: Decision on the dispute over the preventive withdrawal of the driver's license

Summary of the facts

The Federal Court is dealing with the complaint of A.________ against the preventive withdrawal of her driver's license. The procedure was initiated by the Freiburg police's finding in May 2025 that A.________ may be suffering from memory loss, raising doubts about her driving ability. The cantonal authority then requested her to submit a medical report. A complaint against the measure before the III. Administrative Court Chamber of the Cantonal Court of Freiburg was unsuccessful, as was a request for free legal aid.


7B_1374/2024: Judgment regarding expulsion in connection with qualified violation of the Narcotics Act

Summary of the facts

A.________ was convicted by the District Court of Winterthur for qualified violation of the Narcotics Act and other offenses. The Cantonal Court of Zurich extended the probation period of a previous monetary penalty and additionally ordered an expulsion of 7 years. It found that, despite the complainant's basically successful integration, the public interest in expulsion outweighed. A.________ filed a complaint with the Federal Court and requested the annulment of the expulsion.


4A_482/2025: Employer liability in case of occupational accident

Summary of the facts

The complainant, an employee in the probation period at the respondent (B.________ AG), suffered a serious injury to his leg when he unloaded a vintage truck without the support of another person against the instructions of his supervisor. The complainant seeks compensation and satisfaction from his employer based on employer liability.


4D_247/2025: Judgment regarding legal opening in enforcement proceedings

Summary of the facts

The complaint is directed against a decision of the Cantonal Court of Aargau of November 18, 2025, which dismissed the complaint against the definitive legal opening of a maintenance claim of CHF 28,448.40 plus interest and enforcement costs. The complainant filed a complaint with the Federal Court and requested, among other things, the suspension of the proceedings and the examination of migration and economic law aspects. He accused the respondent and the previous instance of abusive behavior and state arbitrariness.


5F_73/2025: Judgment regarding the request for revision and restoration of deadlines in the proceedings

Summary of the facts

The case concerns the applicant A.________, who was granted sole custody and care for her daughter C.________ in the context of a divorce in 2023. Following a risk report and a police report, the KESB Münchwilen gradually withdrew the applicant's right to determine the place of residence. After her complaint was dismissed by the Cantonal Court of Thurgau, the Federal Court did not consider her complaint on October 28, 2025. With a request for revision, the applicant attempted to resume the proceedings, claiming to have been unable to negotiate and process during the relevant complaint period.


2C_693/2025: Decision regarding the admissibility of a complaint in the asylum area

Summary of the facts

A.________, an Iraqi national, submitted an asylum application on May 16, 2025, which the State Secretariat for Migration did not consider. This decision, which also included a deportation decision to France, became legally binding. On August 26, 2025, A.________ submitted a request for reconsideration, which was also rejected on September 19, 2025. His father then filed a complaint with the Federal Administrative Court, which was settled by the Federal Administrative Court on October 30, 2025, in connection with the cost regulation after a declaration of withdrawal by A.________. A.________ is now requesting the Federal Court to resume the proceedings and grant free legal aid.


7B_1387/2025: Non-admission of a complaint regarding the extension of pre-trial detention

Summary of the facts

The Public Prosecutor's Office of the Canton of Graubünden is conducting a criminal investigation against A.________. The coercive measures court extended the pre-trial detention on October 27, 2025, until January 26, 2026. Against this decision, A.________ filed a complaint with the Cantonal Court of Graubünden, which did not admit the complaint on November 24, 2025. A.________ then filed a criminal complaint with the Federal Court.


4A_611/2025: Judgment regarding the inadmissibility of a complaint due to delay of justice in insurance contract law

Summary of the facts

The complainant A.________ had filed a complaint about delay of justice against a decision of the President of the Cantonal Court of Olten-Gösgen in connection with an insurance contract dispute. This complaint was dismissed by the Cantonal Court of Solothurn, to the extent that it was considered. The subsequent civil complaint to the Federal Court was assessed as querulous and abusive and was therefore declared inadmissible.


2C_576/2025: Decision on the refusal of a residence permit in the context of subsequent family reunification

Summary of the facts

A.________, a Kosovo national and holder of a permanent residence permit in Switzerland since 2004, applied for subsequent family reunification for his son B.________, born in 2007. B.________ had previously lived in Kosovo with his grandmother and other relatives and had regular contact with his mother, C.________. The application was rejected by the migration service and later instances on the grounds that there were no overriding family reasons and that B.________ could continue to be cared for by his mother in the country of origin.


1F_23/2025: Request for revision against a non-admission ruling

Summary of the facts

The applicant, A.________, requested the revision of the Federal Court judgment of November 10, 2025 (1C_590/2025), which had not admitted his complaint against a restraining measure by the Cantonal Police of Bern. The non-admission decision was based on insufficient justification requirements and inadmissible material requests and statements.


4A_395/2025: Inadmissibility of the complaint against the decision of the Cantonal Court of Lucerne

Summary of the facts

The complainant approached the Federal Court with a complaint against the decision of the Cantonal Court of Lucerne, which had dismissed a complaint against the rejection of his request for correction, alternatively clarification, of a judgment of the District Court of Lucerne. The procedure was marked by various submissions and changes of representation.


4D_195/2025: Legal opening in simplified procedure

Summary of the facts

The complainant A.________ opposed a decision of the Cantonal Court of Zurich (I. Civil Chamber), which had previously not admitted a complaint against the judgment of the District Court of Dietikon. In the proceedings before the Federal Court, the complainant failed to provide the required cost advance, even not within a set deadline. Furthermore, the complaint submissions did not meet the justification requirements according to Art. 42 para. 2 BGG.


7B_1158/2025: Non-admission of a complaint due to unpaid cost advance

Summary of the facts

A.________ filed a complaint on October 24, 2025, against a decision of the Administrative Court of the Canton of Zug. The Federal Court initially set a deadline for the advance payment of costs of CHF 800.-- until November 20, 2025. After non-payment, a grace period was granted until December 9, 2025. Despite an express notice of the consequences, the cost advance was not paid in time.


4A_512/2025: Legal opening regarding civil claims asserted in conjunction with a criminal procedure

Summary of the facts

The complainant, A.________, was ordered in the criminal judgment of the District Court of Zurich on May 23, 2024, to pay CHF 16,834.90 and an additional acknowledged claim of CHF 3,533,754.75. The City of Zurich, as the creditor, subsequently initiated enforcement. The Cantonal Court of Appenzell granted definitive legal opening for CHF 3,550,589.65 plus interest and enforcement costs. Against the dismissal of his complaint by the Cantonal Court of Appenzell, which also rejected his request for free legal aid, the complainant filed a complaint with the Federal Court.


6B_261/2025: Judgment regarding traffic offenses and sentence assessment

Summary of the facts

In the two connected complaints, the assessment of serious traffic offenses is discussed, which are attributed to an "autorodeo" and other traffic initiatives. A.A.________ and B.________ were sentenced to prison terms with partial execution and to the partial or complete revocation of previously granted conditional sentences. The complainants contest the assessment of the sentences, particularly the lack of a complete suspension of the sentence and the quantification of the sentences.


5A_1119/2025: Judgment regarding denial of justice

Summary of the facts

The complainants requested the declaration of the nullity of a decision of the District Court of Arbon regarding eviction from a property. The decision was considered legally binding by the District Court and later by the Cantonal Court of Thurgau. A subsequently filed complaint regarding denial of justice was dismissed by the Cantonal Court. The complainants approached the Federal Court with extensive requests (including the declaration of fundamental rights violations, free legal aid, suspensive effect).


2C_599/2025: Decision regarding the extension of a residence permit and deportation from Switzerland

Summary of the facts

A.________, a Vietnamese national, married a Swiss citizen in 2017 and subsequently received a residence permit. After the separation of the spouses in 2021, the extension of her permit was refused by the State Secretariat for Migration (SEM). The Federal Administrative Tribunal (TAF) confirmed this decision, as the legal requirements according to Art. 50 para. 1 and 2 of the Federal Act on Foreign Nationals and Integration (LEI) were not met in either the old or new version.


7B_1114/2025: Non-admission and non-consideration

Summary of the facts

The complainant filed a complaint against a non-admission decision of the Public Prosecutor's Office III of the Canton of Zurich. The Cantonal Court of Zurich dismissed this complaint by decision on September 23, 2025. Against this decision, the complainant filed a criminal complaint with the Federal Court on October 20, 2025.


8C_638/2025: Judgment regarding disability pension in social insurance law

Summary of the facts

The complainant, born in 1970, submitted a benefit request to the IV Office of the Canton of Graubünden in December 2023 due to an illness. After medical and occupational clarifications, including a mono-disciplinary psychiatric report and a supplementary statement, the IV Office rejected the benefit request in July 2025 due to lack of demonstrated disability. The Cantonal Court confirmed this decision with a judgment in September 2025.


8C_366/2024: Obligation of the accident insurance in case of accident-like bodily injury

Summary of the facts

The respondent, A.________, suffered a rupture of the previously surgically implanted ACL plastic in his right knee during a football match on March 21, 2023. AXA insurance AG denied liability for benefits, stating that the event was not classified as an accident and that the injury was primarily caused by wear and tear. The Cantonal Court of Basel-Landschaft overturned this decision and obligated the insurance to provide benefits. AXA subsequently filed a complaint with the Federal Court.


5A_797/2024: Decision in the procedure 5A_797/2024

Summary of the facts

The complainant A.________ filed a complaint on November 20, 2024, against a judgment of the Cantonal Court of Schwyz from October 15, 2024 (regarding divorce, property law). On January 7, 2026, he informed the Federal Court that the parties had reached a comprehensive out-of-court settlement and withdrew the complaint. He requested the imposition of any court costs on himself and the waiver of party compensation.


7B_1082/2025: Inadmissibility of the complaint in a criminal matter regarding the rejection of the separation of proceedings

Summary of the facts

A. The complainant A.________ requested the Office central du Ministère public valaisan for the separation of the criminal proceedings opened against him (references MPG 22 160 and MPG 22 311), which involve violations of traffic rules (LCR) and offenses related to social insurance (LAVS). The request was rejected by decision on August 7, 2025. The Criminal Chamber of the Cantonal Court of Valais also dismissed the complaint filed against it on September 9, 2025. B. Against this judgment, A.________ filed a complaint in criminal matters with the Federal Court on October 12, 2025, in which he requested, among other things, the acceptance and referral of the matter as well as a new, reasoned decision according to Art. 30 StPO and the granting of free legal aid.