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 rulings. 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 tailored to your areas of law.
1C_171/2024: Termination of an Employment Relationship in the Public Service
Summary of the Facts
The complainant, A.________, had been working as the deputy municipal clerk and department head at the city administration of Nyon since October 2018. Her relationship with the municipal clerk, her direct supervisor, deteriorated significantly, resulting in serious conflicts. Following an administrative investigation, in which the collaboration was assessed as irreparably disturbed, the city of Nyon proposed a transfer to the complainant to another department. Since she rejected the proposal, her employment relationship was terminated with ordinary notice period.
Summary of the Considerations
(1) The Federal Court notes that the complaint was admissible and submitted on time, but no arguments regarding previous decisions of the city of Nyon were convincingly presented. (2) The lower court properly considered all relevant facts. The complainant's criticism regarding the non-consideration of further evidence or witnesses is dismissed as unfounded. (3) The termination was not abusive. The irreparably disturbed relationship between the complainant and her supervisor, as well as its negative impact on the administration, justifies the termination according to Article 12 of the Personnel Statute of Nyon. (4) The Federal Court assesses the offered transfer as appropriate. The proposed new position matched the qualifications of the complainant and was objectively evaluated. (5) The complaints regarding gender-specific discrimination are unfounded. There is a lack of sufficient indications for such discrimination. (6-7) Newly raised allegations of breach of trust and reputational damage by the city of Nyon are rejected due to lack of prior mention or relevance.
Summary of the Ruling
The complaint was dismissed and the complainant was ordered to pay a cost amount.
5A_806/2024: Decision Regarding the Determination of the Date of a Marriage Contract and Recognition of a Foreign Divorce Judgment
Summary of the Facts
The judgment concerns the question of determining the date of the marriage contract between the parties as well as the recognition of a foreign divorce judgment. A.A.________ and B.A.________ had two marriages, one in 1976 and one in 1993, the latter of which was considered valid by the cantonal courts since the first marriage was declared dissolved by a foreign divorce in 1982. A.A.________ disputed the validity of this foreign divorce in Switzerland due to violation of Swiss public policy.
Summary of the Considerations
1. The Federal Court examines the admissibility of the legal remedy and decides that the contested decision in the procedure to determine the date of the marriage contract represents a decision stage that cannot be qualified as a final or partial decision within the meaning of the Federal Court Act (LTF). Thus, it is an interim decision (§ 1.3). 2. The present decision does not cause any irreparable legal disadvantage and there are no prerequisites according to Art. 93 para. 1 LTF to justify the continuation of the legal remedy (§ 1.3.3).
Summary of the Ruling
The legal remedy was declared inadmissible and the request for free legal aid was denied.
4A_12/2025: Complaint Against an Arbitral Award of the Tribunal Arbitral du Sport Regarding International Arbitration
Summary of the Facts
The football club A.________ (complainant) and the professional football player B.________ (respondent) entered into several contracts, including the employment contract, an image rights contract, and a termination agreement. After disputes, the respondent filed a complaint with the FIFA Dispute Resolution Chamber (FIFA DRC) and partially prevailed. The complainant then appealed to the Tribunal Arbitral du Sport (TAS), which confirmed the decision of the FIFA DRC. The complainant subsequently filed a civil complaint with the Federal Court to annul the TAS decision.
Summary of the Considerations
(1) According to Art. 54 para. 1 BGG, the decision of the Federal Court was written in German since the TAS decision was drafted in English and the complaint was submitted in German. (2.1) International arbitration falls under the provisions of Articles 190-192 IPRG and the complaint is generally admissible. (2.2) The seat of the arbitration and the involvement of international parties lead to the application of Chapter 12 of the IPRG. (2.3) The Federal Court examines the parties' grievances under heightened justification requirements and bases its review on the facts of the arbitration. (3.1) The complainant raises the lack of jurisdiction of the TAS according to Art. 190 para. 2 lit. b IPRG, arguing that the FIFA DRC was without jurisdiction. (3.3) The Federal Court points out that a grievance against the jurisdiction of the TAS must be raised, not against that of the FIFA DRC. Moreover, the complainant did not raise a corresponding grievance before the TAS, which is why the Federal Court cannot consider it. (4) No further grounds for complaint were raised, so the complaint cannot be considered.
Summary of the Ruling
The complaint was dismissed and the complainant was ordered to pay the court costs.
7B_463/2024: Decision on the Unsealing and Search of a Mobile Phone
Summary of the Facts
The Public Prosecutor's Office of the Canton of Lucerne requested the unsealing of a mobile phone that had been confiscated in connection with a criminal investigation due to suspected brawling, attempted serious bodily injury, and violations of the Narcotics Act. The coercive measures court ordered its unsealing, whereupon A.________ approached the Federal Court to request the maintenance of the sealing.
Complete summary of the ruling can be found in the Portal.
9C_477/2024: Decision on the Revision of a Disability Pension with Focus on Change of Status
Summary of the Facts
A. The cantonal disability insurance office of Neuchâtel granted A.________, due to a disability (66%), three-quarters of a disability pension from December 2016. After a revision of the circumstances due to her change of status to a mixed activity (active 60%, household 40%), the office reduced her pension to a quarter from November 2023. B. The cantonal court annulled the office's decision and confirmed A.________'s entitlement to three-quarters of the pension. C. The disability insurance office appealed the judgment to the Federal Court, while the insured party requested its confirmation.
Complete summary of the ruling can be found in the Portal.
9C_501/2024: Decision on a New Disability Assessment
Summary of the Facts
The complainant A.________, born in 1970, had repeatedly applied for disability insurance benefits since 2003, which were either denied or not processed. After the rejection of the fourth request, he submitted a fifth request in May 2021, arguing that he suffers from psychological and somatic illnesses. A change in his health status was denied by the Regional Medical Service of the IV (SMR) based on medical reports. After further examination through medical assessments, the cantonal court also dismissed the complaint.
Complete summary of the ruling can be found in the Portal.
4A_239/2024: Decision on the Question of Rent Claims and the Applicability of the Form Requirement
Summary of the Facts
A rental agreement for a studio in U.________ was concluded between the company A.________ and B.________. The central issue in dispute concerns the effects of the absence of an official "green form" notice of the initial rent, which is mandatory in the Canton of Vaud for rental agreements. The tenant (B.________), who was under a guardianship and administrative support, subsequently made claims for reimbursement of overpaid rent and a rent reduction due to the occurrence of bedbugs. The lower courts declared the rent partially null and reduced it retroactively.
Complete summary of the ruling can be found in the Portal.
8C_642/2024: Judgment on Disability Pension
Summary of the Facts
The insured A.________, born in 1963, first registered for disability benefits with the IV office of the Canton of St. Gallen in 2014 due to psychological complaints, but the claim was denied due to his full work capacity. In 2018, he registered again, and a 2023 bidisciplinary report from the doctors Dr. med. C.________ and Dr. med. D.________ showed a disability degree of 19%, which excluded entitlement to a pension. The insured filed a complaint with the Federal Court to compel the IV office to pay the pension.
Complete summary of the ruling can be found in the Portal.
8C_621/2024: Registration with the Disability Insurance
Summary of the Facts
The complainant, A.________, suffers from partial paraplegia and other health limitations following an accident. Ultimately, her new registration with the disability insurance was not further examined by the responsible office due to lack of relevant deterioration in her health condition. The cantonal court confirmed this decision, after which the complainant filed a complaint with the Federal Court.
Complete summary of the ruling can be found in the Portal.
5A_253/2025: Complaint Against the Transfer of a Proceeding Regarding Personality Violation
Summary of the Facts
The complainant A.________ is involved in divorce proceedings before the District Court of Kriens and has additionally filed a claim for violation of personality against her husband and a judge of the District Court. Due to alleged bias of the entire District Court of Kriens, she requested the transfer of the claim to an independent court. The Cantonal Court of Lucerne transferred the proceedings to the District Court of Willisau. With a complaint to the Federal Court, she requests the transfer of the proceedings to an independent court in another canton, specifically in the Canton of Bern.
Complete summary of the ruling can be found in the Portal.
6B_1163/2023: Judgment on Sentencing and Compensation Claims in Case of Professional Fraud and Money Laundering
Summary of the Facts
A.________ was convicted by the Cantonal Court of Basel-Landschaft for, among other things, professional fraud, multiple forgery of documents, and professional money laundering. He received a prison sentence of three years, one year of which was to be served unconditionally, as well as a conditional fine. In addition, a compensation claim of CHF 400,000 was imposed on him, taking into account confiscated assets of CHF 50,011.80. A.________ filed a complaint and requested, among other things, a reduction of the prison sentence and waiver of the compensation claim.
Complete summary of the ruling can be found in the Portal.
5A_686/2024: Decision Regarding Divorce and Alimony
Summary of the Facts
The parties, B.________ (born 1949) and A.________ (born 1954), married in 2010 without a marriage contract. After separating in 2019, disputes arose regarding alimony payments and the division of marital assets. The cantonal court had previously decided that the spouse B.________ did not have to make alimony payments and that A.________ was obliged to pay a sum from the liquidation of assets. A.________ unsuccessfully filed a complaint with the Federal Court.
Complete summary of the ruling can be found in the Portal.
1C_128/2024: Approval of the Renovation of Retaining Wall Sections Outside the Construction Zone Considering Groundwater Protection
Summary of the Facts
The citizen community of Grenchen planned the renovation of several retaining walls located outside the construction zone along Grenchenbergstrasse, which also extends through groundwater protection zones. The environmental organization Helvetia Nostra objected to the approval of the renovation works on retaining wall sections 6 and 7, arguing that the construction project could pose a risk to the tunnel springs, particularly in the sensitive protection zone S2. After the objection was dismissed by the cantonal authorities and the administrative court, Helvetia Nostra approached the Federal Court.
Complete summary of the ruling can be found in the Portal.
4A_80/2025: Insurance Coverage for Damage Caused by Landslide
Summary of the Facts
The A.________ SA sued B.________ SA for insurance coverage for damages caused by a landslide on June 11, 2018. The lower courts denied coverage since the relevant damages and claims were not sufficiently substantiated or covered according to the insurance conditions. This particularly involves damages from the improper reconstruction of a retaining wall, material damages to properties, and loss of operating income.
Complete summary of the ruling can be found in the Portal.
7B_71/2025: Complaint Against Non-Admission: Proceedings Dismissed
Summary of the Facts
The complainant filed a criminal complaint for threats after receiving a seemingly threatening message on Facebook in which violence was threatened against him. However, the Public Prosecutor's Office of Zurich-Limmat decided not to pursue the case. The complainant appealed this decision, but the Higher Court of the Canton of Zurich confirmed the non-admission. In the further proceedings before the Federal Court, the complainant criticizes the decision of the lower courts and requests the opening of a criminal investigation.
Complete summary of the ruling can be found in the Portal.
4A_636/2024: Judgment on Claims from an Employment Contract
Summary of the Facts
The plaintiff (A.________) demands compensation from the defendant (B.________) for outstanding salary claims and other compensations, as he believes that an employment relationship existed between him and the defendant. The plaintiff invokes an alleged transfer of the business according to Art. 333 OR from the original employer (C.________ and its D.________ GmbH) to the defendant. The Cantonal Court dismissed the claim and the Higher Court rejected the appeal, as the passive legitimacy of the defendant was denied.
Complete summary of the ruling can be found in the Portal.
4A_525/2024: Missed Deadline for Submission of a Valid Power of Attorney
Summary of the Facts
A.________ Sàrl and B.________ SA concluded two letters of intent for the purchase of aircraft in December 2019. A.________ Sàrl made advance payments but requested a refund in May 2020 due to economic difficulties. Following a lawsuit by B.________ SA, A.________ Sàrl was ordered to pay compensation. In subsequent instances, a dispute arose over the proper authorization of the legal representative of A.________ Sàrl.
Complete summary of the ruling can be found in the Portal.
2C_408/2024: Judgment on the Non-Renewal of a Hardship Permit and Deportation
Summary of the Facts
A.________, a Hungarian national, was repeatedly admitted to Switzerland, including under a support program and later based on a hardship permit. A renewal of the hardship permit was denied, and a deportation order was issued. She filed a lawsuit, among other things, invoking Art. 6 Annex I of the Free Movement Agreement (FZA) and requested free legal aid.
Complete summary of the ruling can be found in the Portal.
5A_64/2025: Decision on the Question of Deadline and Costs for Legal Remedies in a Case of Right to Personal Relationships
Summary of the Facts
A.________ filed an appeal with the Federal Court on January 21, 2025, against a decision of the Chambre de surveillance of the Court of Justice of the Canton of Geneva dated December 12, 2024. This had declared the preceding appeal of A.________ against a decision of the Tribunal de protection de l'adulte et de l'enfant on February 13, 2024, regarding non-payment of the required costs due to denied free legal aid as inadmissible. The proceedings concerned the right to personal relationships between B.________ and her minor children.
Complete summary of the ruling can be found in the Portal.
1C_181/2025: Judgment Regarding the Admissibility of a Complaint in Connection with a Building Application
Summary of the Facts
The municipal authority of Pully granted C.________ SA the permit to build 12 urban villas, an underground parking lot, and other facilities on October 22, 2021. After opposing submissions, the construction project was partially modified by the cantonal administrative court and later rejected by the Federal Court to further clarify the ecological significance of the site and allow for a new decision. The complainant C.________ SA subsequently approached the Federal Court again to contest the rejection decision.
Complete summary of the ruling can be found in the Portal.
1C_91/2025: Inadmissibility of a Complaint in Planning and Construction Law
Summary of the Facts
A.________ submitted a building application for the extension of his single-family house, which was approved by the municipal council of Feusisberg. Third parties raised objections against the construction project. A building police report was initiated regarding the fully developed basement of the building. The municipal council then ordered a building inspection, which was confirmed by the government council and later by the administrative court of the Canton of Schwyz. A.________ appealed to the Federal Court without meeting the justification requirements.
Complete summary of the ruling can be found in the Portal.
6B_136/2025: Decision on the Late Submission of an Appeal Statement
Summary of the Facts
A.________ was convicted by the Police Court of the Canton of Geneva on June 20, 2024, for attempted coercion, defamation, and slander to a fine of 75 daily rates on probation. This also included compensation payments and procedural costs in favor of the injured parties. An appeal against the judgment was declared inadmissible by the Appeal Court of the Canton of Geneva due to late submission of the appeal statement. A.________ then filed a complaint with the Federal Court and requested, among other things, the annulment of both the appeal judgment and the judgment of the first instance.
Complete summary of the ruling can be found in the Portal.
4A_616/2024: Judgment Regarding International Arbitration and Arbitrability of a Dispute from a Mediation Contract
Summary of the Facts
The professional football player A.________ from Switzerland entered into two successive mediation contracts (Agency Agreements) with the player agent B.________ and the company C.________ SRL represented by him, which included an arbitration clause in favor of the Tribunal Arbitral du Sport (TAS). After A.________ terminated the second contract, the claimants filed a lawsuit with the TAS for payment of compensation. A.________ disputed the jurisdiction of the TAS, but lost before it and was ordered to pay CHF 100,000. With a civil complaint, A.________ challenged the arbitral award before the Federal Court, which examined both its jurisdiction and the other grievances of the complainant and ultimately dismissed the complaint.
Complete summary of the ruling can be found in the Portal.
1C_119/2025: Decision on the Question of Material Expropriation in Connection with COVID Measures
Summary of the Facts
A.________, former managing director of the company B.________ Sàrl, demanded compensation for material expropriation since his business was temporarily closed during the COVID pandemic. He initially claimed CHF 268,658.15 and later CHF 99,140.70, consisting of unreceived state aid and attorney fees. The lower courts rejected his claims on the grounds that the temporary closure did not constitute a serious restriction on property and pointed out that decisions on paid-out aid had not been contested.
Complete summary of the ruling can be found in the Portal.
9C_528/2024: Coverage for Facial Feminization under Mandatory Health Insurance
Summary of the Facts
The complainant A.________, who suffers from gender dysphoria, applied to her health insurance Sanitas for coverage for facial feminization. The health insurance denied coverage. The cantonal administrative court confirmed this decision, after which the complainant appealed to the Federal Court.
Complete summary of the ruling can be found in the Portal.
6B_36/2025: Judgment Regarding Bodily Injury and Self-Defense
Summary of the Facts
A.A.________ was convicted by the lower court for bodily injury and assaults in a domestic dispute with his wife B.A.________. He denied the allegations and argued self-defense and justification based on an emergency situation. The lower court rejected his argument and imposed penalties as well as compensation obligations.
Complete summary of the ruling can be found in the Portal.
4A_163/2024: Dispute Over Compensation for Vacation Entitlement: Contract Fulfillment After Termination of Employment
Summary of the Facts
The employee B.________ had been employed by the employer A.________ AG since 1991. The employment relationship ended on June 30, 2015. The employee asserted claims for compensation for 259 vacation days and overtime not taken by the termination date. To clarify the medical conditions for vacation entitlement, a court expertise was conducted. The lower court ruled partly in favor and partly against the employee.
Complete summary of the ruling can be found in the Portal.
7B_127/2025: Non-Admittance and Non-Consideration of a Complaint Due to Lack of Payment of the Cost Advance
Summary of the Facts
The complainant filed a complaint on February 10, 2025, in criminal matters against a decision of the Higher Court of the Canton of Bern regarding a non-admittance order from the Regional Public Prosecutor's Office of Bern-Mittelland. The Federal Court set him two deadlines for payment of a cost advance, which he did not meet.
Complete summary of the ruling can be found in the Portal.
6B_449/2024: Judgment on Sexual Offenses and Violation of the Principle of Indictment
Summary of the Facts
The complainant A.________ was convicted by the cantonal criminal court of the Canton of Valais for sexual acts with children (Art. 187 para. 1 StGB), sexual coercion (Art. 189 para. 1 StGB), and rape (Art. 190 para. 1 StGB) against B.B.________ to a prison sentence of 42 months. The appeal by the cantonal court reduced the prison sentence to 36 months and granted partial conditional execution for 24 months. Civilly, compensation and satisfaction were awarded.
Complete summary of the ruling can be found in the Portal.
1C_214/2025: Extradition to Sweden and Accessory Request for Release from Detention
Summary of the Facts
The Tunisian national A.________ was sought by the Swedish authorities through the Schengen Information System (SIS) for search and arrest for extradition for prosecution due to rape, bodily injury, and other offenses. Following his arrest in Switzerland, the Federal Office of Justice (BJ) approved the extradition. A complaint against this decision was dismissed by the Federal Criminal Court.
Complete summary of the ruling can be found in the Portal.
8C_250/2024: Judgment on the Revision of a Disability Pension
Summary of the Facts
The complainant A.________, a Turkish national, suffered a work accident in 2003 with severe burns and was granted a full disability pension in 2006 due to post-traumatic stress disorder (PTSD) with a disability degree of 80%. In the context of a pension revision in 2019, the IV office found that the complainant had been assessed as fully work-capable since 2010 at the latest. Following medical clarifications, the previous disability pension was revoked. The complainant appealed the decision to the Federal Court.
Complete summary of the ruling can be found in the Portal.
4D_67/2025: Judgment on the Subsidiary Constitutional Complaint Regarding a Denial Claim
Summary of the Facts
The complainant sought damages from the respondent for the alleged theft and sale of a USM Haller shelf as well as for a defamatory statement made by a member of the board of directors. After the negative declaratory action of the respondent, the Cantonal Court decided that the claims did not exist. The complainant filed a subsidiary constitutional complaint against the judgment of the Higher Court with the Federal Court.
Complete summary of the ruling can be found in the Portal.
6B_1067/2023: Judgment Regarding Accomplice to Crimes Against the Narcotics Law, Compensation Claim, and Sentencing
Summary of the Facts
The complainant A.________ was convicted by the District Court of Zurich for complicity in crimes against the Narcotics Law, dishonest management, and money laundering and sentenced to 30 months of imprisonment as well as a fine. The Higher Court confirmed the convictions but imposed a reduced compensation claim and slightly adjusted the sentencing. A.________ appealed the judgment of the Higher Court and raised, among other things, the admissibility of evidence and a violation of his right of confrontation.
Complete summary of the ruling can be found in the Portal.
1C_234/2023: Judgment on the Building Permit for a Multi-Family House in Zurich
Summary of the Facts
The construction section of the city of Zurich granted the respondent a building permit in 2021 for the new construction of a multi-family house. The plot is located in an area affected by street noise, where the relevant emission limit values are exceeded at several windows. The neighbor as complainant initially filed an appeal with the Building Appeals Court and later a complaint with the Administrative Court of the Canton of Zurich, both of which were dismissed. The complainant ultimately filed a complaint in public law matters with the Federal Court.
Complete summary of the ruling can be found in the Portal.
4A_645/2024: Recusal of an Expert After a Civil Procedure
Summary of the Facts
In the context of a civil procedure for the realization of a construction project, the plaintiff (B.________ SA) requested the recusal of an expert (C.________) appointed by the Cantonal Court of Vaud and an auxiliary expert (D.________ SA). The reason was unilateral contacts of the experts with the defendant party (A.________ Sàrl) as well as statements made by the main expert that raised doubts about his impartiality. The cantonal court granted the recusal request, as the expert activities favored the appearance of bias. The defendant appealed against this decision to the Federal Court.
Complete summary of the ruling can be found in the Portal.
8C_351/2024: Judgment on the Limitation and Continued Processing of a Disability Pension
Summary of the Facts
A.________, born in 1968, submitted a request for disability insurance benefits on May 26, 2019. The IV office of the Canton of Zurich granted a limited disability pension for the period from December 1, 2019, to December 31, 2020, and denied entitlement to a pension after this period. The Social Security Court of the Canton of Zurich confirmed these decisions but stipulated that the IV office should conduct further investigations regarding a possible deterioration in health from November 2022.
Complete summary of the ruling can be found in the Portal.
1C_612/2024: Decision on Building Application and Municipal Autonomy
Summary of the Facts
B.B. and C.B., owners of parcel No. 723 in the municipality of Yens, requested a permit for the construction of a carport and a staircase. The municipality granted the building application, which was contested by A., the owner of neighboring parcel No. 721. The cantonal decision revoked the building permit, stating that the project violated a building boundary and that the planned tree removal was not legally compliant. The municipality of Yens appealed the decision to the Federal Court.
Complete summary of the ruling can be found in the Portal.