Latest Judgments of the Federal Court
Here you will find the latest judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositions. In the case of the remaining 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.
4A_588/2024: Decision on the partially refused trademark registration
Summary of the facts
The A.________ AG submitted an application to the Federal Institute of Intellectual Property (IGE) for the registration of a figurative trademark for various goods. The application was partially rejected because the registered surface pattern was classified as public domain and lacked original distinctiveness. The appellant contested the ruling of the Federal Administrative Court, which had confirmed the IGE's decision.
Summary of the considerations
(1) Admissibility of the appeal
The appeal in civil matters is admissible. The statutory requirements according to Art. 72 et seq. BGG are met, particularly as there is a final decision of the Federal Administrative Court.
(2) Subject matter of the dispute
The contentious issue is whether the surface pattern of the appellant can be protected for all claimed goods in classes 9, 14, 16, 18, and 25.
(3.1–3.2) Examination of distinctiveness
The registered figurative trademark is evaluated as a decorative surface design based on its appearance and not as an indication of commercial origin. The pattern lacks original distinctiveness or special design originality and cannot sufficiently distinguish itself from common product decorations.
(4) Relevant circles
It is not decisive whether the affected products are viewed with increased attention, as the surface pattern does not achieve the necessary distinctiveness even upon close examination.
(5.1–5.5) Argumentation regarding design
The pattern represents a diamond-shaped grid, whose individual elements (stylized cornflowers) are not distinctive enough to qualify as a trademark. The flowers lose their independent significance in the overall impression of the pattern.
(6) Equal treatment and protection of trust
The appellant referred to previous registrations of similar designs. The court pointed out that there is no comparability of the precedents with the current surface pattern, and that no claim to equal treatment can be derived from this.
Summary of the disposition
The appeal is dismissed, and the court costs are imposed on the appellant, without any party compensation being awarded.
8C_513/2024: Judgment regarding disability pension in connection with mixed method and obesity
Summary of the facts
The appellant, a specialist in pediatric and adolescent medicine, applied for benefits from the disability insurance due to depression, high blood pressure, and other health complaints. The IV office of Basel-Stadt determined a degree of disability of 1% and rejected the pension application. The cantonal social insurance court dismissed her appeal. She contested this judgment with an appeal in public law matters before the Federal Court, which also rejected the appeal.
Summary of the considerations
(1) The Federal Court reviews legal violations ex officio and only intervenes in the factual determination of the lower instance in cases of obvious incorrectness. The entitlement to a disability pension is assessed according to the provisions of the IVG, ATSG, and the mixed method, with medical reports serving as evidence.
(2) The cantonal court recognized the evidential value of a MEDAS report. This found the appellant to be fully capable of working in an interdisciplinary capacity, both in her previous role as a pediatrician and in other adapted activities. The lower instance saw no violation of the principle of investigation.
(3) The lower instance examined the effects of the diagnosed obesity grade III and other complaints. Slight functional limitations were identified, which do not establish disability. The extensive social resources of the appellant argued against an equal restriction in all areas of life.
(4) The exhaustion and fatigue claimed by the appellant were examined in detail by the experts and could not be objectively proven.
(5-6) The Federal Court considered the changed case law regarding obesity, whereby it can fundamentally be disabling if it significantly affects mobility and work capacity. In the specific case, the severe obesity was correctly assessed as merely qualitatively restrictive.
(7) There were no indications to question the evidential value of the MEDAS report and the assessments of the lower instance. A referral for further investigations was not necessary.
Summary of the disposition
The appeal is dismissed, and the appellant is ordered to pay court costs.
1C_244/2024: Building permit and obligation to servitude
Summary of the facts
The Department of Territory of the Canton of Geneva granted a building permit with conditions in 2019, without including the recommendation of a servitude for the access path of the municipality of Corsier in the main conditions. Later, the property owners applied for another building permit, which the municipality contested due to the non-existent servitude. The Administrative Court of the Canton of Geneva ruled in favor of the municipality. The owners appealed to the Federal Court against this decision.
Summary of the considerations
1. (Consideration 1) The appeal is formally admissible; all requirements for the appeal according to the Federal Court Act are met.
2. (Consideration 2) The interpretation of the original building permit by the Administrative Court of the Canton of Geneva, according to which the servitude is a binding condition, is assessed as erroneous and untenable. The servitude was only mentioned for informational purposes and is of an individual private law nature, which is why it is not part of the public law building permit.
3. (Consideration 3) The rejection of the new permit by the subordinate instance is not justified due to the incorrect interpretation of the building permit.
Summary of the disposition
The appeal is upheld, the judgment is annulled, and the building permit is confirmed. No court costs are imposed, and the municipality must pay compensation.
7B_1056/2023: Decisions of the Federal Court on appeals against the judgment of the Basel-Stadt Court of Appeal concerning criminal law
Summary of the facts
The appellants A.________, B.________, and C.________ were convicted of various offenses (including qualified violations of the narcotics law, bodily injury, attempted murder, and expulsion orders). They contest the judgment of the Basel-Stadt Court of Appeal from April 20, 2023, with appeals in criminal matters to the Federal Court. Central issues include the sentencing, legal assessment of the actions, and expulsion orders.
The complete summary of the judgment can be found in the Portal.
6B_1339/2023: Judgment regarding withdrawal of appeal and consequences of default
Summary of the facts
A.________ was partially convicted by the Cantonal Economic Court of Bern and sentenced to 56 months of imprisonment. In the appeal proceedings before the Aargau Court, he was absent from the hearing, after which the Court dismissed the proceedings due to a tacit withdrawal of the appeal. A.________ appealed to the Federal Court, arguing that the default could not be regarded as withdrawal because he was represented by his lawyer.
The complete summary of the judgment can be found in the Portal.
7B_1211/2024: Decision regarding the disjunction of a criminal case
Summary of the facts
This case concerns an appeal by three companies against a decision of the appeals chamber of the Federal Criminal Court, which ordered a disjunction of the main proceedings regarding a defendant due to health issues. The affected companies argued that the disjunction would irreparably disadvantage them and made various requests, including changing their addresses and re-delivery of the decision.
The complete summary of the judgment can be found in the Portal.
4A_535/2023: Judgment on tenancy law – dispute over return and subletting
Summary of the facts
The tenants A.________ and B.________ terminated their lease early according to Art. 264 OR, proposed a new tenant, and requested consent for subletting. The landlord C.________ refused both the acceptance of the new tenant and the subletting. The lower courts rejected the tenants' view that the contract had already ended on May 31, 2020, and maintained the regular contract duration until August 31, 2020. The tenants filed an appeal with the Federal Court.
The complete summary of the judgment can be found in the Portal.
1C_202/2025: Non-adjudication of an appeal concerning extradition to Austria
Summary of the facts
The Federal Office of Justice approved the extradition of Afghan national A.________ to Austria, where he is to serve a remaining sentence of eight months. A.________ appealed against this to the Federal Criminal Court, which dismissed it. He then submitted two letters that were forwarded by the Federal Criminal Court and the Federal Office of Justice to the Federal Court for jurisdiction.
The complete summary of the judgment can be found in the Portal.
9C_686/2023: Tax dispute between the cantons of Valais and Zug regarding the tax period 2016
Summary of the facts
The appellants, spouses A.A.________ and B.A.________, were assessed by both the Canton of Valais and the Canton of Zug for the tax period 2016. They complain of inter-cantonal double taxation and request the Federal Court, among other things, to annul the corresponding assessment decisions. They also contest the direct federal tax collection by both cantons.
The complete summary of the judgment can be found in the Portal.
6B_606/2024: Judgment regarding rape and sentencing
Summary of the facts
A.________ was convicted by the District Court of Baden for rape and other offenses to a prison sentence of 3 years and 3 months. The Aargau Court increased the prison sentence to 3 ½ years. A.________ appealed to the Federal Court, requesting the annulment of the judgment and an acquittal for rape. Alternatively, he wanted to be convicted for sexual coercion or a referral of the case for new assessment.
The complete summary of the judgment can be found in the Portal.
7B_1168/2024: Decision on the refusal to appoint an official defender
Summary of the facts
A.________ was sentenced by the Geneva Public Prosecutor's Office with a penal order dated August 15, 2024, for unlawful appropriation (Art. 137 No. 1 StGB), violation of foreign nationals law (Art. 115 para. 1 lit. b and c AuG) as well as violation of the narcotics law (Art. 19 para. 1 lit. d and Art. 19a No. 1 BetmG) to a prison sentence of 120 days and a fine of 100 francs. He subsequently unsuccessfully requested the appointment of an official defender; both the Public Prosecutor's Office and the cantonal criminal chamber rejected this. A.________ appealed to the Federal Court against the latter decision.
The complete summary of the judgment can be found in the Portal.
6F_5/2025: Decision regarding a request for revision
Summary of the facts
The appellant requested the revision of a previous decision of the Federal Court (6B_971/2024). The original decision concerned a judgment of the Criminal Appeal Court of the Canton of Vaud, which dealt with a criminal complaint against the appellant. The appellant justified his request for revision with several aspects that were regarded by the Federal Court as unfounded or irrelevant.
The complete summary of the judgment can be found in the Portal.
6B_402/2024: Judgment regarding multiple fraud and expulsion
Summary of the facts
The Public Prosecutor's Office of Lenzburg-Aarau accused the appellant of having unlawfully received unemployment benefits totaling 8,996.25 francs between April and August 2021. She had concealed actual income circumstances by incomplete information about her employers on the "Information of the Insured Person" form. The District Court of Aarau convicted her of multiple fraud, imposing a conditional fine and ordering a five-year expulsion. The Aargau Court confirmed this judgment. The appellant sought an acquittal or a milder conviction before the Federal Court, as well as the waiver of the expulsion.
The complete summary of the judgment can be found in the Portal.
6B_228/2024: Judgment regarding multiple criminal case: Inclusion of attempted murder and other criminal matters
Summary of the facts
The accused A.________, B.________, and C.________ are accused of having committed serious offenses in a complex criminal matter, including attempted murder and violations of various federal laws (LCR, LArm, etc.). The case involves multiple charges and different roles in participation, with A.________ appearing as the driving force behind the crimes and C.________ and B.________ as accomplices. A central question of the trial concerns the classification of the roles of the perpetrators and the corresponding conviction.
The complete summary of the judgment can be found in the Portal.
7B_164/2025: Decision on the issue of non-adjudication in criminal matters
Summary of the facts
A.________ filed an appeal on February 18, 2025, against a decision of the Cantonal Court of Lucerne from January 22, 2025, concerning a search and seizure. The Federal Court initially requested that he pay a cost advance, for which he was given a deadline. After a non-extendable grace period, no advance payment was made. Due to this default, the Federal Court did not consider the appeal. The appeal also exhibited querulous features.
The complete summary of the judgment can be found in the Portal.
4A_605/2024: Publicity in arbitration appeal proceedings before the Federal Court
Summary of the facts
The Federal Court ruled on an appeal against the Final Award of an arbitration tribunal based in Zurich dated October 9, 2024. The parties disputed, in particular, the issue of the exclusion of the public in the Federal Court proceedings and the anonymization of the judgment.
The complete summary of the judgment can be found in the Portal.
6B_6/2025: Judgment regarding simple bodily harm and assessment of evidence
Summary of the facts
The appellant A.________ was convicted by the President of the District Court of Bucheggberg-Wasseramt and subsequently by the Higher Court of the Canton of Solothurn for simple bodily harm to his wife B.________. The physical altercation resulted in diagnosed injuries such as a mild concussion, bruises, and other physical impairments. The appellant contested the evidential assessment of the lower court and requested his acquittal or the referral of the case for new assessment, including questioning the doctor. The Federal Court dismissed the appeal.
The complete summary of the judgment can be found in the Portal.
4A_46/2024: Revision of a jurisdiction decision of the arbitration tribunal in Geneva
Summary of the facts
A British citizen (respondent) initiated arbitration proceedings against the People's Republic of China (applicant), claiming that China had unlawfully expropriated his investments in land rights, thus violating a bilateral investment protection agreement from 1986. The arbitration tribunal based in Geneva declared itself competent by interim decision on December 30, 2021. The applicant requested a revision of this decision from the Federal Court based on allegedly newly discovered evidence that was supposed to question the jurisdiction.
The complete summary of the judgment can be found in the Portal.
4A_364/2024: Judgment on labor law claims
Summary of the facts
The plaintiff was employed as a salary partner at the defendant's firm and claimed various entitlements after the termination of the employment relationship, particularly from a performance-based bonus scheme (LOB). The Labor Court dismissed the claim, and the Higher Court awarded the plaintiff a partial amount. Both parties filed appeals.
The complete summary of the judgment can be found in the Portal.
7B_1184/2024: Decision regarding the disjunction of a criminal case
Summary of the facts
A.________ was convicted by the Federal Criminal Court for money laundering, among other offenses. In the context of the appeals instance, A.________ requested the disjunction of his case due to health problems and the postponement of the main hearing. The appeals instance rejected the postponement and ordered the disjunction of the proceedings. A.________ appealed to the Federal Court against the disjunction.
The complete summary of the judgment can be found in the Portal.
9C_723/2024: Inadmissibility of a legal remedy concerning cantonal vehicle taxes
Summary of the facts
The proceedings concern a legal dispute between A.________ Sàrl and the Cantonal Office of Vehicles of the Canton of Geneva regarding the application of Art. 86 para. 1 of the Geneva legislation on procedural law (LPA). The dispute centers on the payment of a procedural cost advance demanded by the appellant, who instead wanted to offer securities.
The complete summary of the judgment can be found in the Portal.
6B_985/2024: Criminal law and expulsion
Summary of the facts
A Romanian national (A.________) was convicted in Switzerland for organized and commercial theft, property damage, and trespassing to 54 months of imprisonment and expelled from Switzerland for 15 years. His appeal to the cantonal court (Valais) was rejected. He is appealing to the Federal Court, particularly against the severity of the sentence and the duration of the expulsion, also citing medical reasons.
The complete summary of the judgment can be found in the Portal.
7B_297/2024: Inadmissibility of the appeal against the criminal non-adjudication decision
Summary of the facts
The appellant, A.________, filed an appeal on October 27, 2022, against the accused, B.________, as she claimed sexual assaults during an endoscopic examination on October 24, 2022. The district attorney of Lausanne decided on July 25, 2023, not to proceed with the appeal. This was confirmed on January 15, 2024, by the Criminal Appeals Chamber of the Vaud Cantonal Court. The appellant then filed an appeal with the Federal Court on March 11, 2024, among other things demanding that a criminal investigation be opened.
The complete summary of the judgment can be found in the Portal.