Latest Rulings of the Federal Court
Here you will find the latest rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we provide detailed summaries with facts, considerations, and dispositions. For the additional 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 you will receive the latest rulings tailored to your areas of law.
5A_411/2025: Decision on the Ordering of a Super-Provisional Measure by the Child and Adult Protection Authority
Summary of the Facts
The Child and Adult Protection Authority of the districts of Martigny and St-Maurice (APEA) ordered on April 14, 2025, a super-provisional guardianship in favor of the minor children of A.A.________ to protect their interests in the inheritance of their deceased mother. The children's father, A.A.________, filed a complaint against this measure with the president of the cantonal complaint authority, which dismissed it as inadmissible on April 25, 2025, as super-provisional decisions cannot be directly contested. A.A.________ filed a complaint with the Federal Court on May 26, 2025.
Summary of the Considerations
- **E.3:** The Federal Court considered the super-provisional measure of the APEA from April 14, 2025, to have been replaced by the precautionary measures confirmed on May 20, 2025. This eliminated the current legal interest of the complainant in the complaint (Art. 76 para. 1 lit. b BGG). According to the Federal Court's consistent case law, super-provisional measures are replaced by precautionary measures and are therefore considered moot/obsolete.
- **E.4:** The complaint against the super-provisional measure was also inadmissible because no cantonal instances were exhausted before the invocation of the Federal Court (Art. 75 para. 1 BGG).
- **E.5:** The complaint regarding the cantonal decision was deemed insufficiently motivated (Art. 42 para. 1 and 2 BGG). The complainant did not address the reasons for the cantonal declaration of irrelevance in their argumentation and ignored relevant federal case law (ATF 140 III 289).
- **E.6:** Due to the obvious inadmissibility, the case was dealt with according to the simplified procedure (Art. 108 para. 1 lit. a and b BGG). No court costs were incurred.
Summary of the Disposition
The complaint was declared inadmissible, and no court costs were incurred.
4A_91/2025: Judgment on Patent Invalidity and Inventive Step
Summary of the Facts
The B.________ AG (Respondent) requested the invalidity of the disputed patent EP xxx of A.________ GmbH (Complainant), which claims a dosing regimen for the active ingredient Rivaroxaban. The Federal Patent Court declared the Swiss part of the patent invalid due to a lack of inventive step. The judgment was appealed to the Federal Court.
Summary of the Considerations
The complaint is admissible and will be addressed. The Federal Patent Court correctly found that claim 1 of the patent lacks inventive step. It lawfully applied the "problem-solution approach" to assess the obviousness of the patented solution from the state of the art. The closest prior art (Abstract #3003 and Harder Poster) provides clear indications that a once-daily administration of the active substance is suitable. The examination of obviousness by the Federal Patent Court was not convincingly refuted by the complainant. The auxiliary requests of the complainant failed because their inventive step was not substantiated by the time the files were closed. Later submissions were rejected due to lateness. The Federal Court confirmed the legal and methodological assessment of the Federal Patent Court that neither claim 1 nor the auxiliary requests are based on inventive step.
Summary of the Disposition
The complaint was dismissed, and court costs as well as payments to the respondent were ordered.
6B_25/2024: Federal Court Ruling on Life-Long Employment Ban Due to Multiple Pornography Offenses
Summary of the Facts
A.________ was convicted by the District Court of March for multiple pornography offenses and received a conditionally imposed fine of 120 daily rates of CHF 130 each, as well as a fine of CHF 3,900.--. The court waived a life-long employment ban and ordered the confiscation of seized items. Following an appeal by the public prosecutor's office and a counter-appeal by the defendant, the Cantonal Court of Schwyz modified the judgment, increased the fine, and imposed a life-long employment ban. A.________ appealed this ruling to obtain a lower fine as well as the waiver of the connection fine and the employment ban.
Summary of the Considerations
1. The complainant contests the sentencing and refers to arbitrary determination of facts. 1.1. Strict standards must be applied to correct the determination of facts. Arbitrariness only exists when the assessment of evidence is untenable. 1.2. The previous instance considers both the objective and subjective fault of the offender. 1.3. The complainant acted thoughtlessly and shows no genuine remorse, which negatively affects the sentencing. 1.4. The previous instance considers the distribution of the material as more serious than the mere transfer of physical copies, which is deemed appropriate. 2. Furthermore, the imposition of a connection fine is considered appropriate to create a noticeable sanction. 3. Finally, the life-long employment ban is deemed necessary to prevent repeat offenses.
Summary of the Disposition
The complainant's appeal was dismissed, and he was ordered to pay court costs.
4D_66/2025: Non-Payment of Cost Advance and Lack of Justification
Summary of the Facts
The complainant filed a complaint against the decision of the Cantonal Court of Aargau from February 12, 2025, which was related to a definitive legal opening and the non-payment of a cost advance. The complaint was not addressed by the Federal Court due to the non-payment of the cost advance and insufficient justification.
Full summary of the judgment can be found in the Portal.
4D_80/2025: Non-Admittance of a Complaint Due to Insufficient Justification
Summary of the Facts
The complainant seeks a review before the Federal Court of a decision by the Cantonal Court of Schwyz, in which her request for the waiver of procedural costs, the transfer of the cost obligation to her representative, and the renewed granting of legal aid were denied. The Federal Court dismisses her complaint due to lack of adequate justification.
Full summary of the judgment can be found in the Portal.
4D_83/2025: Judgment Regarding Non-Admittance of a Complaint Due to Formal Deficiencies
Summary of the Facts
The complainant filed a complaint with the Federal Court on May 7, 2025, against a ruling of the Cantonal Court of Zurich from March 26, 2025. The subject of the underlying proceedings was a definitive legal opening.
Full summary of the judgment can be found in the Portal.
4A_89/2025: Service According to the Hague Service Convention
Summary of the Facts
The Cantonal Court of Zug served court documents to a complainant from Switzerland according to the Hague Service Convention (HZUe65). The complainant then requested access to the files and demanded that no service confirmation be issued, citing numerous errors in the procedure. In a complaint to the Federal Court, he requested the non-application of the request for legal assistance and, alternatively, the issuance of an appealable decision. The Federal Court dismissed the complaint due to inadmissibility.
Full summary of the judgment can be found in the Portal.
4A_66/2025: Judgment Regarding Health Daily Allowance Insurance
Summary of the Facts
The complainant demanded from the respondent, a health daily allowance insurance, payment of outstanding daily allowances for an allegedly ongoing 100% incapacity for work from April 22, 2023, to April 20, 2024. Since her employer continued to pay her full salary regardless of the cessation of daily allowance payments, the respondent disputed both the obligation to pay and the existence of damage.
Full summary of the judgment can be found in the Portal.
4A_666/2024: Judgment Regarding License Agreement and Damages
Summary of the Facts
The plaintiff A.________ s.r.l. (complainant) and the defendant Ba.________ GmbH (respondent) are long-standing business partners in the textile industry and licensing. The dispute concerns compliance with licensing agreements, particularly regarding an alleged exclusivity, as well as claimed damage compensation and outstanding licensing fees. The Commercial Court of the Canton of Zurich partially awarded damages to the plaintiff and ordered payment of outstanding license fees. Before the Federal Court, the complainant contested the dismissal of her further damage claims and the judgment regarding license fees. The Federal Court dismissed the complaint to the extent that it could be addressed.
Full summary of the judgment can be found in the Portal.
6B_1053/2023: Judgment on the Complaint Against a Conviction for Multiple Theft and Providing a Motor Vehicle to a Driver Without the Required License
Summary of the Facts
The Cantonal Court of Aargau convicted the complainant A.________ of multiple theft and providing a motor vehicle to a driver without the required license to a conditional fine and a connection fine, and also extended the probation period of a previous conviction. The complainant appealed to the Federal Court, requesting an acquittal.
Full summary of the judgment can be found in the Portal.
4D_91/2025: Judgment on the Amount in Dispute in Financial Matters and Legal Aid
Summary of the Facts
The judgment concerns a complaint against a decision of the Cantonal Court of Zurich, which did not admit a legal opening complaint from the complainant. The subject of the legal opening procedure was a claim of CHF 8,138.55. The amount in dispute falls below the threshold of CHF 30,000.-- according to Art. 74 para. 1 lit. b BGG, which makes the complaint in civil matters inadmissible. The complainant also requested legal aid for the Federal Court, which was denied due to the hopelessness of the proceedings.
Full summary of the judgment can be found in the Portal.
4A_199/2025: Decision of the Federal Court Regarding Legal Opening Complaint
Summary of the Facts
The complainant had obtained provisional legal opening for an amount of CHF 32,500 plus interest from the District Court of Baden. The respondent successfully appealed this decision to the Cantonal Court of Aargau, which dismissed the request for legal opening. The complainant challenged the decision of the Cantonal Court with a complaint to the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_354/2023: Judgment on Violation of the Epidemics Act in Connection with the Mask Requirement
Summary of the Facts
Due to the Covid-19 pandemic, the municipality of U.________ had issued a protection plan that defined zones with a mask mandate in outdoor areas. A.B.________ was accused of not wearing a mask on a street designated as a mask zone on January 10, 2021, despite being warned. He was reported by the police and later found guilty by the District Court of Visp and the Cantonal Court of Valais, receiving a fine of CHF 250.
Full summary of the judgment can be found in the Portal.
2C_198/2025: Judgment on the Non-Renewal of EU/EFTA Residence Permit and Deportation
Summary of the Facts
A.________, a German citizen, entered Switzerland in 2008 and received an EU/EFTA residence permit. After a brief period of employment, she received social assistance for years and later supplementary benefits. Due to willful indebtedness and receipt of social assistance, the municipality of Biel refused to renew her residence permit and ordered her deportation. After unsuccessfully navigating the cantonal legal remedies, A.________ filed a complaint with the Federal Court.
Full summary of the judgment can be found in the Portal.
2C_307/2025: Inadmissibility of a Complaint Regarding Asylum Application and Restoration of Deadline
Summary of the Facts
A.________, a Turkish citizen, had filed a complaint against the rejection of his asylum application by the State Secretariat for Migration (SEM) and his expulsion from Switzerland to the Federal Administrative Court. After he failed to pay the cost advance in a timely manner, the Federal Administrative Court did not proceed with his complaint. A later request for restoration of the deadline was also rejected. A.________ then submitted a complaint to the Federal Court.
Full summary of the judgment can be found in the Portal.
4A_117/2025: Judgment on Contract Termination and Claims Between A.________ AG and B.________ AG
Summary of the Facts
B.________ AG, specialized in IT services, and A.________ AG, operating in the finance and private equity sector, entered into a contract for IT services on December 28, 2020. After the defendant stopped payments, the plaintiff terminated the contract at the end of 2022. The plaintiff demanded CHF 39,264.05 for outstanding payments. The defendant claimed a breach of contract, raised claims for damages for set-off, and requested dismissal of the lawsuit. The Commercial Court of the Canton of Zurich ordered the defendant to pay the demanded amount.
Full summary of the judgment can be found in the Portal.
4D_77/2025: Decision on Definitive Legal Opening
Summary of the Facts
The Cantonal Court of Nidwalden granted definitive legal opening in a debt collection for CHF 5,200.-- plus interest. The complainant then filed a complaint with the Cantonal Court of Nidwalden, which did not admit the complaint because the court cost advance was not paid. Against this decision, the complainant appealed to the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_345/2025: Non-Admittance of Complaint Against the Decision of the Cantonal Court of Lucerne
Summary of the Facts
The Cantonal Court of Lucerne did not admit an appeal due to the untimely submission of the appeal declaration. The complainant then filed a criminal complaint with the Federal Court, particularly criticizing formal deficiencies in the decision of the Cantonal Court. He criticized the formal traceability of the legitimacy of the persons involved in the decision as well as their handwritten signature.
Full summary of the judgment can be found in the Portal.
7B_420/2025: Decision on a Complaint Regarding Release from Custody in Early Measures Execution
Summary of the Facts
A.________, against whom a criminal proceeding is underway for numerous offenses, has been in early measures execution since February 13, 2025. He submitted a request for release from custody, which was rejected by the Public Prosecutor's Office of Graubünden and subsequently by the coercive measures court of the Canton of Graubünden with a decision on April 24, 2025. The Cantonal Court of Graubünden did not address his subsequent complaint due to insufficient justification.
Full summary of the judgment can be found in the Portal.
1C_714/2024: Judgment Regarding Noise Protection Measures and Renovation of a Sawmill
Summary of the Facts
D.________ SA has been operating a sawmill in the municipality of Riddes for over fifty years, whose operation has regularly been the subject of disputes with residents (B.A.________ and others) due to noise disturbances. Several studies recommended technical measures to reduce noise, which were either not implemented or required approval. The residents requested various measures, including a restriction of the operating hours of the sawmill, which were the subject of this dispute.
Full summary of the judgment can be found in the Portal.
6B_353/2023: Judgment on a Violation of the Epidemics Act
Summary of the Facts
The complainant A.B.________ was accused of being on a street in U.________ without a face mask on January 10, 2021, despite a mask-wearing obligation according to the municipality's protection plan during the Covid-19 pandemic. Despite multiple requests from security officers and police, she refused to wear a mask. The District Court of Visp found her guilty and imposed a fine of CHF 250.--. The Cantonal Court of Valais confirmed this judgment on appeal.
Full summary of the judgment can be found in the Portal.
4A_236/2025: Complaint Against the Rejection of a Request for Legal Aid
Summary of the Facts
The complainant requested legal aid in connection with a civil lawsuit pending before the Commercial Court of the Canton of Zurich. The Commercial Court dismissed the request due to the hopelessness of the claims and set a deadline for the payment of a cost advance. The complainant challenged this decision before the Federal Court, which denied him the suspensive effect of the complaint. A request for reconsideration was also submitted.
Full summary of the judgment can be found in the Portal.