Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositives. In the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.
4A_10/2024: Decision on Provisional Legal Opening and Establishment of the Pledge from Mortgage Claims
Summary of the Facts
The plaintiffs A.A. and B.A., as heirs of the original creditor D.A., requested the provisional legal opening for mortgage claims secured by debt certificates. These claims stem from a loan agreement with the debtor C. regarding real estate acquisition. Since only partial repayments and interest payments had been made, the debtor was asked to pay a considerable amount. The lower court had partially granted the legal opening but to a reduced extent. Both the plaintiffs and the debtor filed complaints to the Federal Court.
Summary of the Considerations
The proceedings 4A_10/2024 and 4A_12/2024 were combined due to the identity of persons and factual connections. The complaints of the parties are generally admissible, provided they meet the legal requirements of Art. 100 and 76 BGG. In examining the provisional legal opening, the Federal Court finds that the debt certificates are considered valid titles for legal opening, as they are treated as abstract claims independent of the underlying basic debt. The lower court took into account the agreed interest and amortization of the loan in the contract and lowered the claim amount according to the probability of the claim. However, the plaintiffs could not prove that a higher claim amount is justified, and the debtor was able to credibly demonstrate the reduction of the amount to a sufficient extent. The debtor also could not present convincing arguments to further challenge the established interest rates or the appropriate reduction made by the lower court. Nevertheless, the provisional legal opening is confirmed within a reduced scope.
Summary of the Dispositive
The complaint proceedings were combined, the complaints of both parties were dismissed, and court costs as well as compensation were imposed.
1C_545/2024: Judgment Regarding the Zoning Allocation of a Plot of Land in the Context of a Revised Municipal Zoning Plan
Summary of the Facts
In the context of the revision of the municipal zoning plan of the municipality of Trey, it was established that the previously (partially) designated zone for residential buildings, plot no. 153 of the appellant, will be fully allocated to the agricultural zone. The appellant, who owns the developed plot and wishes to retain it partially as a residential zone, filed a complaint against the cantonal decision with the Federal Court. The responsible municipality and cantonal authorities had previously approved the rezoning after classifying the previous zoning plan as not compliant with federal law requirements.
Summary of the Considerations
1. (E.1) The subject of the complaint concerns a legal area of public law, specifically spatial planning law, and meets the requirements for the admissibility of a complaint procedure before the Federal Court. The appellant is legitimized to file a complaint as they are directly affected by the decision.
2. (E.2) The previous zoning plan from 1979 does not meet the requirements of federal legislation on spatial planning (LAT), particularly regarding the principle of concentration and separation of building zones and non-building zones. Small, isolated building zones like that of the appellant contradict the planning objectives of federal law.
3. (E.2.3) Plot no. 153 is significantly outside an existing development and cannot be classified as a building zone according to the applicable legal and spatial criteria. The previous status of the plot as part of a building zone has already been invalid since 1988 under the transitional provisions of the LAT.
4. (E.2.4) The rezoning as agricultural land protects public interests in preserving agricultural land and prevents undesirable landscape consumption through isolated buildings. The appellant's personal financial disadvantage does not outweigh these interests.
Summary of the Dispositive
The complaint is dismissed, and the court costs are imposed on the appellant.
7B_251/2025: Non-acceptance of a Criminal Investigation and Non-admission of the Complaint before the Federal Court
Summary of the Facts
The Public Prosecutor's Office Winterthur/Unterland did not initiate a criminal investigation for unfaithful conduct against two employees of a municipality. The complainant, A.________, filed a complaint against this decision with the Zurich High Court. The High Court then set a deadline for improving her submissions and requested a process deposit. The complainant subsequently filed a complaint with the Federal Court, refusing to accept judicial notifications and arguing with unorthodox legal views.
Summary of the Considerations
- **E.1**: The contested decision, a ruling of the High Court, was not correctly served to the complainant despite a request for rectification. Her refusal to accept judicial notifications based on personal views is unfounded and constitutes a violation of good faith. - **E.3**: The other contested rulings were not submitted to the Federal Court in time, which is why the corresponding complaints were not admitted. There is a lack of a suitable justification for the unlawfulness. - **E.4**: The contested ruling constitutes an interim decision, which is only immediately appealable under specific conditions according to Art. 93 Abs. 1 BGG. The complainant could not demonstrate these conditions. - **E.5**: The submission suffers from obvious deficiencies in reasoning. The complainant argues without reference to the subject matter of the dispute and does not adequately address the considerations of the lower court. - **E.6**: Due to the hopelessness of the complaint, the request for free legal aid is dismissed.
Summary of the Dispositive
The complaint was not addressed, the request for free legal aid was dismissed, and the court costs were imposed on the complainant.
4A_240/2025: Admissibility of the Complaint against a Cantonal Interim Decision
Summary of the Facts
The complainant A.________ filed a complaint with the Federal Court on May 19, 2025, against the decision of the High Court of the Canton of Zurich of April 1, 2025, which had annulled the judgment of the District Court of Zurich of July 14, 2023, and referred the matter back to the District Court for continuation of the proceedings and new decision.
Complete summary of the judgment can be found in the Portal.
6B_82/2025: Judgment on Private Prosecution and Evaluation of Evidence in Criminal Matters
Summary of the Facts
The Public Prosecutor's Office Schwyz charged C.________ with multiple counts of bodily harm, assault, unlawful appropriation, removal of property, insult, threat, and coercion, as well as embezzlement. The District Court found him guilty only of breach of the peace and negligent operation of a vehicle in an unroadworthy condition, while the appeal of the private plaintiffs (A.________ and B.________) regarding the acquittals and their civil claims remained unsuccessful. The complainants then filed a complaint in criminal matters before the Federal Court, particularly challenging their status as private prosecutors and the evaluation of evidence by the lower court.
Complete summary of the judgment can be found in the Portal.
7B_480/2025: Decision on the Extension of Pre-Trial Detention
Summary of the Facts
A.________ was taken into pre-trial detention multiple times in connection with extensive criminal allegations, including intentional homicide. The detention was extended until July 1, 2025. A.________ denies the flight risk and perceives a violation of the acceleration requirement. The lower courts justified the extension of detention based on the reasons for detention and the likely longer duration of proceedings.
Complete summary of the judgment can be found in the Portal.
2C_243/2025: Complaint Regarding Non-activation of Comments and Blocking of an Online Account by Swiss Radio and Television (SRF)
Summary of the Facts
The complainant A.________ objected to the deletion and non-activation of his comments by the community editorial team of SRF, as well as the blocking of his comment account. After a joint review by the Independent Complaints Authority for Radio and Television (UBI), which decided partly in favor and partly against the complainant, he approached the Federal Court. He mainly criticized the moderation practices of SRF and the violation of equal treatment and freedom of expression.
Complete summary of the judgment can be found in the Portal.
8C_88/2025: Decision on the Amount of Compensation for Integrity in Case of Knee Injury
Summary of the Facts
The insured A.________ suffered a knee injury during isokinetic strength testing. Several operations followed. AXA Versicherungen AG granted a compensation for integrity of 10%, while the insured requested a higher compensation of 20%. The dispute concerned the medical assessment of the knee injury and the prognosis of subsequent arthrosis.
Complete summary of the judgment can be found in the Portal.
8C_653/2024: Decision on Accident Insurance (Disability Pension; Compensation for Integrity Damage)
Summary of the Facts
An employee (A.________) suffered a work accident on August 22, 2019, in which she sustained a trimalleolar fracture of the right ankle, followed by the development of severe complex regional pain syndrome (CRPS). Accompanying psychological diagnoses such as severe depression and somatoform pain were also established. The Swiss Accident Insurance Institute (CNA) initially provided benefits but suspended them as of August 31, 2022, as the insured's health condition was considered stabilized. She was compensated with a disability pension based on a degree of 11%, but with no claim for compensation for integrity damage (IPAI). The insurance rejected further claims, which the insured challenged through all instances up to the Federal Court.
Complete summary of the judgment can be found in the Portal.
8C_47/2025: Work Capacity and Disability Pension
Summary of the Facts
The insured A.________ has suffered various health impairments since 2011. These include a shoulder injury, orthopedic and psychiatric complaints, as well as repeated inpatient treatments. The IV office repeatedly denied a pension claim due to a too low degree of disability. The cantonal social insurance court ultimately confirmed the claim for a full pension as of December 2017. The IV office then filed a complaint before the Federal Court, requesting a referral back to the lower court for the preparation of an upper expert opinion.
Complete summary of the judgment can be found in the Portal.
6B_1260/2023: Judgment on Sentencing and Expulsion in Drug Offense Cases
Summary of the Facts
The complainant was convicted by the lower courts for multiple violations of the narcotics law as well as for money laundering and promoting illegal residence. The lower courts found him guilty of having traded significant quantities of heroin and cocaine mixtures between January and February 2021, while he himself was drug-dependent and operated under certain economic and social conditions. The lower court ordered a five-year expulsion and a prison sentence of 23 months, partly as an additional penalty for a previous penal order.