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 provide detailed summaries including facts, considerations, and dispositions. For the remaining 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.
1C_291/2025: Decision on the appeal against the refusal of standing in the cantonal building permit procedure
Summary of the Facts
The appellant, the Association A.________, a non-profit organization based in U.________, filed an appeal against a building and clearing permit for the neighboring parcels requested by B.________ SA and C.________. The cantonal authorities dismissed the appeal, as the appellant did not pursue exclusively or primarily non-material purposes in the field of spatial planning protection, environmental protection, or monument preservation, as required by Art. 145 para. 3 LCI of the cantonal law.
Summary of the Considerations
- **E.1**: The Federal Court finds that an appeal against the decision of the last cantonal instance in a public law matter is generally permissible. It examines whether the appellant is entitled to pursue legal action according to the cantonal regulations. - **E.2**: The appellant claims an arbitrary application of Art. 145 para. 3 LCI. The Federal Court confirms the cantonal interpretation of the norm, according to which the right to appeal is only granted to associations that exclusively or primarily and for purely ideal reasons deal with issues of spatial planning protection or environmental protection. It sees no reason for a change in jurisprudence, as the corresponding interpretation is already supported by consistent cantonal practice and previous Federal Court decisions. The goals and activities of the appellant are not considered sufficiently relevant, as they also focus on the quality of life and community life in the village. - **E.3**: Based on the statutes and cantonal practice, the Federal Court finds no arbitrary application of the law. The appeal is dismissed.
Summary of the Disposition
The appeal is dismissed, and the court costs as well as compensation are imposed on the appellant.
5A_46/2026: Decision on capacity to sue and formal requirements of an appeal
Summary of the Facts
A.________ (appellant 1) was placed in care due to a diagnosed dementia and assigned a representative guardian. The guardian prepared an inventory of assets and requested sole power of disposal over various accounts. The Child and Adult Protection Authority (KESB) approved the inventory and established account regulations. This decision was confirmed by the High Court of the Canton of Bern. The appellants approached the Federal Court with various requests, including the determination of the illegality of the account freezes and the ordering of a second expert opinion.
Summary of the Considerations
- **E.1**: Right to appeal only for legally authorized attorneys (Art. 40 para. 1 BGG). Appellant 2 is not entitled to file an appeal on behalf of appellant 1 or in his own name. - **E.2**: The High Court assumed based on expert opinions that A.________ was not capable of understanding regarding the granting of a power of attorney and other legal transactions. The question of appellant 1's capacity to sue is not conclusively clarified, as there is a lack of sufficient legal requests and a sufficient justification. - **E.3**: Reformative main requests are required under Art. 107 para. 2 BGG. The appellants do not provide sufficient arguments as to why a substantive decision by the Federal Court would be excluded. - **E.4**: The appeal does not meet the justification requirements according to Art. 42 para. 2 BGG. Complaints about the facts are purely appellatory. No substantial legal violation is demonstrated. - **E.5**: According to Art. 108 para. 1 lit. a and b BGG, the appeal is not admitted.
Summary of the Disposition
The appeal is not admitted, and the court costs are imposed on appellant 1. The judgment is communicated to the involved parties.
2C_30/2026: Appeal concerning a non-admission decision in connection with a revision request in the area of immigration law
Summary of the Facts
The Portuguese national A.________, who was granted an EU/EFTA residence permit in Switzerland, filed a request for revision of the legally binding decision of the Migration Office of the Canton of Thurgau dated November 22, 2022, regarding the revocation of his residence permit. After being returned to Portugal and undergoing another unsuccessful appeal process against the revision decision, he appealed to the Administrative Court of the Canton of Thurgau, which did not consider it due to non-payment of the set cost advance. He then appealed to the Federal Court.
Summary of the Considerations
The Federal Court found that the subject matter exclusively relates to the question of the non-admission of the lower court and not to the substantive assessment of the revision or the residence permit. It was shown that a substantial engagement with the lower court's considerations, particularly regarding the non-payment of the cost advance, was lacking. The minimally required justification requirement according to Art. 42 and 106 para. 2 BGG was not fulfilled. The legal representative of the appellant was again reminded that legal submissions must be adequately substantiated and relevant. His behavior was assessed as borderline frivolous, and he was explicitly warned.
Summary of the Disposition
The Federal Court did not enter into the appeal and dismissed the request for free legal aid. No court costs were incurred, and the judgment was delivered to the parties involved in the proceedings.
7B_1330/2025: Non-admission of an appeal in criminal matters
Summary of the Facts
The appellant A.________ filed an appeal against the order of the High Court of the Canton of Glarus, which did not admit his appeal regarding a non-prosecution order of the Public Prosecutor's Office of the Canton of Glarus. The Federal Court examined the submission for formal defects.
Complete summary of the judgment can be found in the Portal.
5A_1022/2025: Decision on protective measures in the field of adult law
Summary of the Facts
This case concerns the establishment of a guardianship to represent and manage an elderly man (C.B.________), which was originally ordered by the Tribunal de protection de l'adulte et de l'enfant of the Canton of Geneva. His children (A.________ and B.B.________) as well as his wife (D.B.________) filed appeals against this measure, which led to various decisions. The Chambre de surveillance of the Cour de Justice of the Canton of Geneva reduced the original guardianship measure but maintained it concerning representation in real estate transactions. The children appealed to the Federal Court to restore the original comprehensive guardianship.
Complete summary of the judgment can be found in the Portal.
2C_80/2025: Recognition of a foreign degree in the field of osteopathy
Summary of the Facts
The appellant, a Swiss citizen residing in Switzerland, obtained her bachelor's and master's degree in osteopathy from a German institution and requested recognition of her degree as equivalent to the Swiss title "Osteopath, level university of applied sciences (master)" from the Swiss Red Cross (SRK). The SRK did not admit her request, as there was no comparable professional profile in Germany. The Federal Administrative Court dismissed the appeal against this decision and replaced the original non-admission decision with a rejection of the recognition request. The appellant then approached the Federal Court and requested recognition of her degree and, alternatively, a remand for a detailed examination of the request.
Complete summary of the judgment can be found in the Portal.
7B_492/2025: Decision on the legitimacy of an appeal in criminal seizure
Summary of the Facts
The Public Prosecutor's Office of the Canton of Schwyz ordered the seizure of assets in a bank account in connection with a criminal investigation for fraudulent bankruptcy and attachment fraud. The account holder A.________ S.A. unsuccessfully requested the release of an amount for financing the proceedings. She filed an appeal with the Federal Court against the non-assessment of her appeal by the Cantonal Court of Schwyz.
Complete summary of the judgment can be found in the Portal.
7B_1266/2025: Order for withdrawal of the appeal
Summary of the Facts
A.________ had filed an appeal against the decision of the High Court of the Canton of Aargau, Chamber of Criminal Matters, dated November 13, 2025, concerning non-prosecution. During the proceedings, on January 13, 2026, he declared the withdrawal of his appeal.
Complete summary of the judgment can be found in the Portal.
9C_702/2024: Tax residence and tax sovereignty in inter-cantonal matters
Summary of the Facts
A.________ sold his apartment in Zurich in 2015 to a company he controlled and registered himself in Zug. In 2020, he repurchased the apartment and registered himself again in Zurich. For the tax periods 2017-2019, the Zurich tax office claimed tax sovereignty over him due to doubts about a real change of domicile. However, the Administrative Court of Zurich recognized the tax sovereignty of the Canton of Zug. The Zurich tax office then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_473/2025: Dismissal of a procedure following the withdrawal of the appeal for supplementary benefits under AHV/IV
Summary of the Facts
A.________ filed an appeal on August 27, 2025, against the judgment of the Administrative Court of the Canton of Bern dated June 20, 2025, concerning supplementary benefits under AHV/IV. In a letter dated January 16, 2026, he withdrew the appeal, resulting in the procedure now being dismissed.
Complete summary of the judgment can be found in the Portal.
5F_1/2026: Rejection of a revision in a civil procedure
Summary of the Facts
The Federal Court declared the appeal filed by A.________ against a decision of the Chambre des curatelles of the Cantonal Court of Vaud on January 5, 2026, as inadmissible. The appeal was submitted after the expiration of the 30-day deadline, and the content of the appeal did not meet the requirements of Art. 106 para. 2 BGG. Following this, A.________ submitted a request for revision on January 22, 2026, arguing that the timely submission of his appeal could be proven by evidence from the MyPost24 machine.
Complete summary of the judgment can be found in the Portal.
5A_47/2026: Access to documents and standing in the process
Summary of the Facts
The judgment addresses the issue of access to documents, which was requested by B.________ on behalf of A.________ from the Child and Adult Protection Authority Oberaargau based on a general power of attorney. The lower courts (KESB and the High Court of the Canton of Bern) denied the request, as A.________ was deemed incapable of understanding based on psychiatric expert opinions. The Federal Court examined the standing in the process and the content of the appeal, concluding that it merely referred to other proceedings and provided no substantial justification regarding the access to documents request.
Complete summary of the judgment can be found in the Portal.
7B_1265/2025: Order of the Federal Court in criminal matters regarding a case that has become moot
Summary of the Facts
A.________ filed an appeal against a decision of the High Court of the Canton of Aargau, Chamber of Criminal Matters, dated October 22, 2025, regarding non-prosecution, as well as a request for free legal aid with the Federal Court. During the proceedings, on January 13, 2026, A.________ fully withdrew his appeal, rendering the case moot.
Complete summary of the judgment can be found in the Portal.
5F_76/2025: Appeal concerning the revision of a Federal Court decision
Summary of the Facts
A.________ submitted an appeal and a request for revision against a Federal Court order dated November 24, 2025, which declared his appeal moot, denied a request for free legal aid, and imposed court costs on him. Additionally, A.________ requested the suspension of enforcement measures until a decision on the present revision.
Complete summary of the judgment can be found in the Portal.
7B_918/2025: Cost allocation due to late evidence requests in criminal proceedings
Summary of the Facts
An official defender did not submit any evidence requests in a criminal proceeding after several extended deadlines had passed. During the main hearing, however, he requested the questioning of several persons, resulting in a bifurcation of the main hearing and additional costs. The District Court of Aarau imposed these additional costs of CHF 1,000 on the official defender. An appeal against this cost allocation was dismissed by the High Court of the Canton of Aargau. The official defender then filed an appeal with the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_231/2024: Double inter-cantonal taxation: Revenue distribution in the construction of the Gotthard Base Tunnel
Summary of the Facts
The A.________ GmbH, a company based in Germany, was involved in the construction of the Gotthard Base Tunnel and maintained temporary business establishments in several Swiss cantons. Between 2013 and 2016, it signed a tax agreement with the Canton of Ticino and other affected cantons to regulate profit distribution based on wage costs. Subsequently, the Canton of Ticino changed its position and introduced profit distribution based on the track kilometer approach, leading to double inter-cantonal taxation. The Federal Court examined the application of the original agreement.
Complete summary of the judgment can be found in the Portal.
2C_28/2026: Non-admission of an appeal concerning a delay in legal proceedings in immigration law
Summary of the Facts
The Portuguese national A.________, who had lived in Switzerland since 2003 and held an EU/EFTA residence permit, committed serious crimes. After being convicted, his residence permit was revoked, and he received a ban on entering Switzerland. A.________ later requested a revision of the revocation of his residence permit, which was denied. After his return to Portugal, he filed a complaint about the delay in legal proceedings, claiming that the Department of Justice and Security of the Canton of Thurgau had allegedly not decided in time. However, the Administrative Court of the Canton of Thurgau did not enter into the complaint, as the cost advance was not paid.
Complete summary of the judgment can be found in the Portal.
7B_1351/2025: Order of pre-trial detention
Summary of the Facts
The appellant is accused of various serious crimes, including bodily harm, threats, insults, and fraud. Her case has an extensive history with several convictions for similar offenses. Due to the severity and frequency of the acts, as well as a high risk of reoffending, the pre-trial detention was extended. The appellant requested her release in favor of placement for care. This request was denied by the previous instances.
Complete summary of the judgment can be found in the Portal.
5A_262/2025: Decision on measures to protect the marital community
Summary of the Facts
A.A.________ and B.A.________, married since 1995, have been living separately since October 1, 2022. The wife remained in the shared house, while the husband moved into a separate apartment. Within the framework of marital protective measures, among other things, the separation and alimony payments were regulated. The husband challenged the decisions of the lower court regarding alimony for his wife and the joint child E.A.________ before the Federal Court.
Complete summary of the judgment can be found in the Portal.
2C_499/2025: Dismissal of the appeal procedure concerning the deletion of the entry in the public list due to mootness
Summary of the Facts
A.________, a German lawyer, had been registered in the public list of the Canton of Zug since 2002. His entry was deleted by the responsible supervisory commission by circular decision on February 3, 2025. He appealed this deletion to the High Court of the Canton of Zug. Additionally, he filed a request for restoration of the deadline, as he believed that the appeal period had not yet begun to run. The High Court did not enter into the appeal and the request for restoration of the deadline because the appeal was submitted late. With an appeal in public law matters, A.________ approached the Federal Court, requesting the annulment of the decision of the High Court and also filed a request for restoration of the appeal deadline. However, during the Federal Court proceedings, A.________ himself requested the deletion of his entry from the public list, rendering the case moot.
Complete summary of the judgment can be found in the Portal.
1C_739/2025: Non-admission of the appeal against the dismissal of a procedure by the Appeals Commission of the Canton of Bern
Summary of the Facts
The Road Traffic and Navigation Office of the Canton of Bern refused A.A.________ the authorization as a motor vehicle driver and imposed blocking periods for various vehicle categories. After filing an objection and its dismissal, the appellant withdrew his subsequent appeal before the Appeals Commission. This dismissed the procedure as completed due to the withdrawal. A.A.________ appealed the dismissal decision to the Federal Court.
Complete summary of the judgment can be found in the Portal.
9C_696/2025: Non-admission of an appeal regarding free legal aid in a tax proceeding
Summary of the Facts
The appellant requested free legal aid and the appointment of a free legal representative in the proceedings concerning state and municipal taxes of the Canton of Aargau for the tax period 2020. His request was denied by the Special Administrative Court of the Canton of Aargau as well as by the Administrative Court of the Canton of Aargau. He then appealed to the Federal Court.
Complete summary of the judgment can be found in the Portal.
7B_1226/2025: Non-admission of an appeal due to non-prosecution of a criminal investigation
Summary of the Facts
The Public Prosecutor's Office II of the Canton of Zurich decided on July 25, 2025, not to initiate a criminal investigation regarding abuse of office and other offenses. The appellant A.________ then requested a review by the High Court of the Canton of Zurich, which on October 16, 2025, did not enter into the appeal. The reason for this was a late payment of the first installment of the required process deposit.
Complete summary of the judgment can be found in the Portal.
7B_1217/2025: Non-prosecution of a criminal investigation and lack of standing to appeal
Summary of the Facts
The Public Prosecutor's Office See/Oberland decided on August 20, 2025, not to initiate an investigation against officials of the municipality of Männedorf for abuse of office and fraud. The High Court of the Canton of Zurich did not enter into the appeal filed by A.________ against this decision on October 30, 2025. A.________ subsequently approached the Federal Court and requested a re-examination by the Public Prosecutor's Office.
Complete summary of the judgment can be found in the Portal.