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 dispositive parts. 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.
7B_681/2024: Decision on Access to a Forensic Psychiatric Report
Summary of the Facts
The complainant A.________ was criminally investigated for threats, false accusation, and disobedience to official orders. As part of this procedure, a forensic psychiatric report was prepared. The KESB Meilen requested access to this report, which was approved by the Public Prosecutor's Office and subsequently upheld by the Zurich Cantonal Court after the complainant's appeal. The complainant then filed a criminal complaint with the Federal Court, demanding, among other things, the refusal or destruction of the report.
Summary of the Considerations
1. Prerequisites for Admissibility (1.1) The criminal complaint is admissible, but it may only be submitted in the event of an irremediable legal disadvantage. This issue is left open as the complaint is unsuccessful. (1.2) It is pointed out that access to documents by third parties does not automatically create a legal disadvantage, especially if access is approved by cantonal authorities in accordance with Art. 101 para. 2 StPO. (1.3) Only complaints related to the access by the KESB will be addressed, and not other legally concluded disputes. 2. Right to be Heard (2.1) The complainant claims that he was not given an opportunity to comment on the report. (2.2) According to the right to be heard, the report was handed over to his official defense, thus allowing for a comment. The complainant's right to be heard was not violated by the lower court. 3. Access to Documents in accordance with Art. 101 para. 2 StPO (3.1) A legitimate interest of KESB Meilen in accessing the report is established, as the report is important in connection with open proceedings regarding contact regulation and parental custody. (3.2) The balancing of interests by the lower court was deemed comprehensive and legally compliant. The complainant does not provide substantiated criticism regarding the results of the balancing. (3.3) The lower court took into account that access was limited to the KESB and should not be abusively extended to the parents of the children. 4. Recusal Request Regarding the Lower Court (4.1) There are no indications of bias or multiple involvement according to Art. 56 lit. b and f StPO. (4.2) The previous involvement of court personnel in other proceedings involving the complainant has no impact on the present proceedings.
Summary of the Dispositive Part
The complaint was dismissed, and the court costs were imposed on the complainant.
5A_553/2024: Modification of Maintenance for an Adult Child
Summary of the Facts
The Federal Court addresses the dispute between father and son regarding the modification of child support for the adult son, who is studying economics. The father requests the termination of his maintenance obligation, while the son demands an increase. Two separate appeal decisions of the Cantonal Court of Basel-Landschaft from the same factual background are contested.
Summary of the Considerations
(1.1): The proceedings are consolidated, as both involve the same facts and subject matter. They are two admissible final decisions. (2): The Federal Court examines legal questions ex officio but requires clearly substantiated objections and adheres to strict requirements for admissibility and justification. (3): The lower court applies the principle of disposition, not the new official principle, as the new law came into force only after the decision and is therefore not relevant here. However, the handling of the principle of disposition is justifiable and corresponds to the previous legal status. (4): It is examined whether the son's capacity for self-support and the mother's maintenance obligation were correctly considered. The Federal Court regards the discretionary decision regarding the self-support issue and the rough determination of the mother's maintenance obligation as compliant with federal law. The father could not demonstrate any legally relevant errors. (5): The separation of the appeal proceedings by the lower court does not constitute an error. It does not lead to a redistribution of the litigation costs. (6): The complaints are ultimately dismissed.
Summary of the Dispositive Part
The father's complaints were dismissed, and the court costs were imposed on him.
4A_14/2025: Judgment Regarding Liability Law and Causal Connection
Summary of the Facts
The plaintiff B.________ suffered a traffic accident on July 1, 2003, when his vehicle was hit by a truck. This resulted in a psychological impairment. The plaintiff claimed health-related and economic consequential damages. The defendant A.________ AG, the liability insurance of the driver responsible for the accident, questioned the causal connection between the accident and the complaints. In the lower courts, both the natural and adequate causal connections were affirmed.
Summary of the Considerations
(1) The Federal Court examined the admissibility of the legal remedy according to Art. 29 para. 1 and Art. 93 BGG and allowed it. (2) It found that the complainant raised significantly more appellate arguments than substantive objections and reviewed the validity of the complaint limited to the legal requirements. (4) The complainant challenged the findings of fact, particularly regarding the plaintiff's health condition before the accident. The Federal Court regarded the corresponding statements of the lower court as comprehensible, based on the court's expertise, and confirmed that there was no relevant precondition that would have caused the impairments independently of the accident. (5) The Federal Court assessed the court's expertise as coherent and clear. It rejected the request for a higher expert opinion or alternative evidence, as there were no serious doubts about the coherence of the expertise. (6) An allegation of violation of the right to be heard regarding unaddressed evidence requests was dismissed, as the evidentiary assessment by the lower court was well-founded. (7) The Federal Court confirmed that the complainant did not present sufficient justification regarding the adequacy in the appeal and that the lower court correctly did not address this.
Summary of the Dispositive Part
The complaint was dismissed, the court costs were imposed, and the plaintiff must compensate the respondent.
1C_476/2024: Judgment Regarding a Photovoltaic System in a Protected Landscape
Summary of the Facts
A.________, owner of a property in Schänis, constructed a photovoltaic system on a building, although the building application for it was legally rejected. The property is located in an ISOS area significant for landscape protection with a preservation goal A. The municipality of Schänis therefore ordered the dismantling of the system. This order, as well as an appeal to the Department of Building and Environment of the Canton of St. Gallen, confirmed the restoration order. A.________'s appeal against these decisions to the Administrative Court and the Federal Court was unsuccessful.
The complete summary of the judgment can be found in the Portal.
6B_362/2024: Judgment on the Charge of Abuse of Trust and Defamation
Summary of the Facts
A.________ was convicted by the lower court for abuse of trust, forgery of documents, and defamation and sentenced to a probationary fine. Additionally, compensation claims were dismissed. The allegations relate to financial irregularities during A.________'s employment with the organization C.________ and alleged defamation against B.________. A.________ appealed the judgment to the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_190/2025: Decision Regarding a Seizure and Security Measures
Summary of the Facts
The complainant opposed the blocking of his bank accounts in the context of debt enforcement. The District Court of Toggenburg and later the Cantonal Court of St. Gallen dismissed his complaint. The complainant then filed a complaint for denial of justice with the Federal Court and requested precautionary measures. The Federal Court referred him to a delivery address in Switzerland according to Art. 39 BGG. His submission and the request for precautionary measures were rejected due to expiration and lack of justification.
The complete summary of the judgment can be found in the Portal.
5D_20/2025: Inadmissibility of a Collocation Complaint
Summary of the Facts
The complainant filed a collocation action with the Cantonal Court of Zug. Due to the non-payment of a cost advance, the Cantonal Court did not proceed with the action. Subsequent complaints to the Cantonal Court and the Higher Court of the Canton of Zug were dismissed, particularly for lack of justification and delay. The complainant then filed a constitutional complaint with the Federal Court, but the submission was in an inadmissible form (English) and lacked sufficient justification.
The complete summary of the judgment can be found in the Portal.
7B_247/2023: Decision Regarding Non-Admittance Orders and Dismissal Decisions
Summary of the Facts
The complainant A.________ has filed various criminal charges against B.________ (including for maintenance violation according to Art. 217 StGB) and his lawyer C.________. The criminal proceedings were dismissed both regarding the allegations against B.________ and against C.________ by the public prosecutor of the Canton of Neuchâtel, or the initiation of criminal proceedings was waived. The cantonal appellate authority confirmed these decisions. A.________ then filed a complaint with the Federal Court, demanding, among other things, that further periods for maintenance violations against B.________ be pursued.
The complete summary of the judgment can be found in the Portal.
5A_263/2025: Decision Regarding the Partial Rejection of a Request for Seizure
Summary of the Facts
A.________ SA filed a request on February 14, 2025, with the Tribunal de première instance in Geneva for the seizure of claims from B.________, directed against the Geneva Debt Collection Office and its lawyer Me C.________. The Tribunal partially dismissed the request regarding the claims against Me C.________. The Cour de justice of the Canton of Geneva confirmed this decision on March 13, 2025. A.________ SA then appealed the decision to the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_622/2024: Decision Regarding the Assurance of Court Costs in Inheritance Cases
Summary of the Facts
A.________ opened a lawsuit against B.________, the mother of his deceased partner C.________, regarding the inheritance of the latter and requested the assurance of court costs (126,000 CHF) by B.________. These requests were rejected by the cantonal instances, leading A.________ to file a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
4A_569/2024: Decision Regarding Employment Contract and Collective Labor Agreement
Summary of the Facts
There was an employment relationship between A.________ SA (employer) and B.________ (employee), which was regulated by a collective labor agreement (CCT). The point of contention was the compensation for the so-called "night hours leave," which was regulated in the articles of the CCT 2012 and promised paid rest leave for employees over 50 years old with more than 1,200 night hours worked. After the termination of the employment relationship, it was unclear whether the claim for this leave could be compensated, as the party was unable to claim the leave in kind during the employment period.
The complete summary of the judgment can be found in the Portal.
8C_730/2024: Decision Regarding the Degree of Disability in Accident Insurance
Summary of the Facts
The insured, a managing director and owner of a metal construction demolition company, suffered several work-related accidents between 2013 and 2015, leading to health restrictions. The Swiss Accident Insurance (CNA) granted a disability pension based on a peak disability of 37%. The cantonal court overturned this determination and increased the disability degree to 49%. In response, the insured appealed to the Federal Court, requesting that the disability degree be set at a minimum of 66%.
The complete summary of the judgment can be found in the Portal.
5A_583/2024: Decision Regarding the Information Obligation of the Debtor and Third Parties in a Seizure Case
Summary of the Facts
In a seizure procedure between A.________ (debtor) and his former wife B.________ (creditor), the debt collection office of Lugano decided to seize assets and requested a Swiss bank to provide information about the debtor's accounts from the last five years. The debtor disputed the legality of this request and appealed to the supervisory authority of the canton and finally to the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_251/2025: Matter of Denial of Justice Regarding Compensation for Use in an Inheritance Case
Summary of the Facts
The complainant A.________ contested an alleged denial of justice by the District Court of Brugg, which had not proceeded with an action, and by the Cantonal Court of Aargau, which dismissed his complaint for denial of justice. The action concerned a compensation for use of CHF 96,300 from an estate. The complainant demanded, among other things, the re-establishment of the rubric and the referral of the case back to the District Court with a different composition.
The complete summary of the judgment can be found in the Portal.
9C_488/2023: Judgment on Tax Domicile between the Canton of Zurich and the Canton of Zug
Summary of the Facts
The A.________ GmbH, registered in the Canton of Zug, is managed by its sole shareholder and managing director, who resides in the Canton of Zurich. The Canton of Zurich claims tax sovereignty for the tax periods 2015-2018, as the statutory seat is considered a sham domicile and the actual management mainly takes place at the residence of the managing director. The company's appeal against this is brought before the Federal Court, citing inter-cantonal double taxation.
The complete summary of the judgment can be found in the Portal.
8C_458/2024: Disability Pension and Re-registration with Disability Insurance
Summary of the Facts
The complainant A.________, a trained motorcycle mechanic and asset manager, applied for a disability pension first in 2013 and again in 2020. The IV Office of the Canton of St. Gallen denied the claim each time based on medical reports. After a new application in 2020, various current health complaints were claimed. The IV Office, based on a PMEDA report from March 2022, recognized no significant change in the health status and again denied the pension claim. The Insurance Court of the Canton of St. Gallen dismissed the complaint against the IV Office's decision.
The complete summary of the judgment can be found in the Portal.
4D_68/2025: Judgment 4D_68/2025
Summary of the Facts
The complainant filed a complaint against a decision of the Cantonal Court of Valais, Civil Chamber, dated March 14, 2025. This complaint was withdrawn on May 8, 2025, after which the proceedings were concluded by the Federal Court.
The complete summary of the judgment can be found in the Portal.
4D_56/2025: Judgment Regarding Definitive Legal Opening
Summary of the Facts
The A.________ GmbH was obliged by the District Court of Visp to grant the State of Valais a definitive legal opening regarding two amounts (CHF 100.-- and CHF 65.--). The appeal against this decision to the Cantonal Court of Valais was declared inadmissible by decision of February 18, 2025. The complainant then turned to the Federal Court but was unable to pay the required cost advance in time.
The complete summary of the judgment can be found in the Portal.
5A_68/2025: Judgment on the Recusal Request in Divorce Proceedings
Summary of the Facts
The recusal request of the complainant against the instructing judge was made due to various procedural actions, including the setting of deadlines and a market value appraisal of two properties. The complainant saw indicators of bias in this.
The complete summary of the judgment can be found in the Portal.
2C_490/2024: Recovery of Hardship Contributions by the Canton of Aargau
Summary of the Facts
The A.________ GmbH, a gastronomy business, received hardship contributions from the Canton of Aargau amounting to CHF 170,719.-- due to Covid-19. Following a resolution of a dividend distribution of CHF 150,000.-- in 2022, the Canton revoked the grants due to the violation of a usage restriction, which prohibits dividend distributions for three years. The GmbH contested the recovery, but without success before the cantonal administrative court.
The complete summary of the judgment can be found in the Portal.
4A_54/2025: Judgment Regarding a Compensation Claim Due to Faulty Treatment
Summary of the Facts
The complainant suffered a leg-dominant hemiplegia on the evening of May 17, 2003, and was initially examined at the hospital C.________, then transferred to the regional hospital D.________. After a deterioration of her condition on the afternoon of May 18, 2003, she experienced a complete left-sided paralysis, requiring emergency transfer back to hospital C.________. Despite surgery and further treatments, a permanent hemiplegia remained. The complainant claimed compensation from the hospital foundation and filed a state liability claim for partial compensation, which ultimately led to judicial proceedings. The Administrative Court of the Canton of Bern affirmed a breach of the duty of care and referred the matter for further handling. The complainant appealed this to the Federal Court.
The complete summary of the judgment can be found in the Portal.
4A_309/2024: Complaint Regarding Measures for the Organization of a Company
Summary of the Facts
A shareholder of B.________ SA (32% of the shares), A.________, initiated several proceedings, including a lawsuit for the dissolution of the company due to organizational deficiencies (Art. 731b para. 1 and para. 1bis No. 3 OR). She also requested precautionary measures, including the appointment of a commissioner for the company. The cantonal instance decided that the tasks of the commissioner should be limited to representing the company in the dissolution proceedings. A.________ subsequently filed a complaint with the Federal Court.
The complete summary of the judgment can be found in the Portal.
4A_133/2024: Decisions on Requests for the Declaration of Nullity of General Assembly Resolutions
Summary of the Facts
This case involves the challenge and declaration of nullity of resolutions of the general assemblies of two real estate companies. Siblings A.________ and E.________, heirs of their deceased parents, have been in disagreement for years regarding the administration and use of the company's assets as well as the distribution of voting rights. A.________ disputed the legality of several general assembly resolutions and sued for their declaration of nullity and for the convening of new general assemblies. The lower courts dismissed his lawsuits, prompting him to bring both cases to the Federal Court.
The complete summary of the judgment can be found in the Portal.
9C_516/2024: Decision on the Issue of Entitlement to Benefits from Disability Insurance
Summary of the Facts
The insured, A.________, requested benefits from disability insurance due to health problems. The competent cantonal office determined complete work ability in an adjusted activity and rejected the benefit request. After the cantonal appeal was dismissed by the Tribunal cantonal of the Canton of Vaud, the insured brought the case before the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_191/2025: Inadmissibility of the Complaint Regarding Seizure
Summary of the Facts
The complainant challenged a seizure document at the District Court of Toggenburg and later at the Cantonal Court of St. Gallen, also alleging a denial of justice. The Cantonal Court dismissed the complaints. The complainant filed a complaint for denial of justice with the Federal Court without providing a delivery address in Switzerland.
The complete summary of the judgment can be found in the Portal.
5A_735/2024: Waiver of Legal Proceedings and Assignment of Estate Claims according to Art. 260 para. 1 SchKG
Summary of the Facts
In the context of two bankruptcy proceedings of the companies C.________ SA and D.________ SA, the bankruptcy administration declared the waiver of the claims of the creditor estate for the continuation of processes in Geneva. The complainant A.________ wanted to continue these processes as an assignee creditor but did not pay the required cost advances. The dispute was whether the bankruptcy administration was still obliged to continue the processes to protect the interests of the estate or at least to request their suspension.
The complete summary of the judgment can be found in the Portal.
6B_111/2024: Decision Regarding the Appeal Proceedings Concerning Criminal and Administrative Claims in the Canton of Geneva
Summary of the Facts
This procedure concerns conflicts over the management of real estate between family members. An initially criminal charge of unlawful enrichment and management was supplemented by civil claims. The appeal proceedings were concluded after the death of the main accused, with certain civil claims and cost regulations being discussed. The wife and a company she leads were involved in the proceedings.
The complete summary of the judgment can be found in the Portal.
6B_30/2025: Judgment Regarding Fraud and Attempted Offense Against the Weapons Act
Summary of the Facts
A.________ was sentenced by the District Court of Horgen for fraud and an attempted offense against the Weapons Act to a prison sentence of 12 months and a fine. The Zurich Higher Court confirmed the first-instance convictions and reduced the fine. A.________ then filed a criminal complaint, requesting acquittal from the fraud charge, or alternatively, referral of the case for re-evaluation.
The complete summary of the judgment can be found in the Portal.
6B_86/2025: Judgment Regarding Charge of Extortion and Sentencing
Summary of the Facts
A.________ was found guilty in the first instance by the Criminal Court of Basel-Stadt of multiple threats, attempted coercion, and multiple offenses against the Weapons Act, and was partially acquitted, including from the charge of extortion. The Cantonal Court of Basel-Stadt found him guilty of extortion in the appeal of the public prosecutor and the private complainant B.________, and increased the prison sentence to 23 months. A.________ filed a complaint with the Federal Court, challenging the conviction for extortion and the sentencing, while accepting the other convictions from the first-instance judgment.
The complete summary of the judgment can be found in the Portal.
4A_564/2024: Judgment Regarding a Transfer of Assets and Negative Declaratory Action
Summary of the Facts
The Aa.________ AG initiated debt collection for a claim of CHF 440,346.50 plus interest against B.________ (heir of C.________), based on creditor payments from the management of estate properties. Aa.________ AG claimed that these claims had transferred to it as part of an asset transfer from Ab.________ AG. B.________ raised an objection and sued, claiming that the claim did not exist. The lower courts dismissed the appeal of Aa.________ AG.
The complete summary of the judgment can be found in the Portal.
5A_714/2024: Judgment on the Challenge of Debt Collection Statements Without Legal Remedy Instruction
Summary of the Facts
The debt collection office of Pfannenstiel issued two debt collection statements to the debtors A.________ and B.________ after conducting the realization with full coverage. They filed a complaint with the District Court of Meilen, which did not admit the submission due to late filing. The Higher Court of the Canton of Zurich confirmed this decision. The debtors petitioned the Federal Court for rectification of the statements due to alleged doubling of the debt collection amount.
The complete summary of the judgment can be found in the Portal.
6B_115/2024: Decision Regarding Inheritance, Refund of Assets, and Cost Distribution
Summary of the Facts
A dispute arose between two brothers over the management of real estate, where one accused the other of unjust enrichment. The criminal proceedings against the accused brother were discontinued due to his death. Central questions in the decision involved the restitution of seized funds and the determination of a compensation claim. The legal dispute was ultimately brought before the Federal Court to review the decisions of the lower court.
The complete summary of the judgment can be found in the Portal.
7B_217/2025: Judgment on the Issue of Unsealing a Mobile Phone
Summary of the Facts
A.________ is accused by the Zurich-Limmat Public Prosecutor's Office in a criminal investigation regarding attempted intentional homicide and other offenses. His mobile phone was seized, and the lower court, the District Court of Winterthur (court for coercive measures), approved the unsealing of the mobile phone and its use for the search. A.________ demands the annulment of this order, the refusal of unsealing, and the return of the device.
The complete summary of the judgment can be found in the Portal.
5A_192/2025: Decision Regarding Denial of Justice Complaint
Summary of the Facts
The complainant filed a denial of justice complaint against several decisions of cantonal authorities, including the rejection of super-provisional measures and the dismissal of a denial of justice complaint by the Cantonal Court. The complaint was filed late, and the complainant criticized the publication of the decision and the legal remedy instruction without sufficiently justifying this criticism.
The complete summary of the judgment can be found in the Portal.
4A_611/2024: Judgment on the Limitation of Warranty Claims from a Work Contract
Summary of the Facts
The judgment concerns warranty claims from a work contract, where defect rights were regulated according to SIA Standard 118. The subject of the proceedings is the question of whether the respondents, as legal successors of the original seller, are liable for the costs of a facade renovation due to defects in the building. The complainants argued that the limitation periods were interrupted by corrective measures, and thus claims continue to exist.
The complete summary of the judgment can be found in the Portal.
6B_109/2024: Decision Regarding the Issue of Creance Compensatrice
Summary of the Facts
C.________, who had sued his brother A.A.________ for various property crimes, appealed against a judgment of the Geneva appellate instance, which had discontinued the proceedings against A.A.________ following his death and acquitted D.A.________. It also established several compensatory claims in favor of the state. C.________ requested from the Federal Court that these claims along with interest be allocated directly to him. The Federal Court addressed the admissibility and conditions for the application of Art. 73 and Art. 71 StGB.
The complete summary of the judgment can be found in the Portal.