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New Federal Court rulings from 03.07.2025

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 dispositives. 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.

2C_327/2025: Decision on the Admissibility of a Complaint in Public Law Matters

Summary of the Facts

The Russian citizen A.________ applied for asylum on April 7, 2025, which the State Secretariat for Migration (SEM) denied on May 5, 2025, as his refugee status was rejected. Additionally, a deportation from Switzerland was ordered. Before the Federal Administrative Court, A.________ submitted a request for free legal assistance, which was denied at first instance, and this was confirmed by an interim decision on June 10, 2025. A.________ filed a complaint with the Federal Court against the interim decision on June 13, 2025, and again requested free legal aid.

Summary of the Considerations

E.1.1: The Federal Court examined its jurisdiction and admissibility requirements ex officio. It noted that the complaint in public law matters is excluded in the area of asylum law according to Art. 83 lit. d no. 1 BGG. E.1.2: Interim decisions follow the legal path of the main matter. Since the main matter is an asylum law decision, the complaint is also inadmissible. E.3.4: A subsidiary constitutional complaint is excluded as it cannot be directed against decisions of the Federal Administrative Court. E.4.1: The complaint is obviously inadmissible. E.4.2: The request for free legal assistance is also dismissed due to the lack of prospects of success for the legal remedy. Exceptionally, however, no court costs are incurred.

Summary of the Dispositive

The complaint is not upheld, and the request for free legal assistance is dismissed.


1C_350/2024: Judgment of the Federal Court

Summary of the Facts

The content of the judgment is not available, as the decision cannot be retrieved in electronic form.

Summary of the Considerations

The content of the considerations is not accessible, as the document could not be found.

Summary of the Dispositive

The decision is not accessible.


7B_446/2025: Dismissal of the Proceedings Following Withdrawal of a Complaint Regarding Recusal

Summary of the Facts

A.________ filed a complaint against a decision of the Appellate Court of the Canton of Basel-Stadt regarding recusal. Subsequently, he withdrew his complaint and explicitly stated this to the Federal Court.

Summary of the Considerations

- **E.1**: The Federal Court opens the proceedings based on the submission from A.________, who later declared the withdrawal of his complaint.
- **E.2**: Due to the withdrawal, the proceedings are discontinued according to Art. 32 para. 2 BGG.
- **E.3**: Normally, the complainant bears the costs incurred (Art. 66 BGG). Exceptionally, however, no court fees are levied here (Art. 66 para. 1 BGG).

Summary of the Dispositive

The proceedings are discontinued, and no costs are incurred.


7B_1252/2024: Decision on the Admissibility of a Complaint Regarding a Sealing Order

Summary of the Facts

The Public Prosecutor's Office III of the Canton of Zurich is conducting a criminal investigation against A.________ and B.________ for multiple counts of qualified disloyal management. During searches, various electronic and physical documents were seized, which A.________ had sealed. The coercive measures court ordered the release of the physical evidence for inspection and the triage of the electronic data for the assessment of attorney-client privilege. A.________ filed a complaint with the Federal Court.


6B_952/2024: Decision on Deportation and Sentencing in the Area of Drug Trafficking

Summary of the Facts

The complainant A.________, a Tunisian citizen, was sentenced to a prison term of 34 months and 20 days for qualified and simple violations of the Narcotics Act (LStup) and for organized trafficking in cannabis on a large scale. Additionally, his deportation from Switzerland for a duration of seven years was ordered. Over a period of more than two years, he sold a total of 24.77 kg of cannabis. The appeal against the sentence and deportation was dismissed by the Cantonal Court of Bern. The complainant then filed a complaint with the Federal Court, particularly against the deportation.


7B_257/2025: Judgment on Not Admitting a Complaint Against the Non-Initiation of a Criminal Investigation

Summary of the Facts

The Federal Court hears the complaint of a complainant who challenges a decision of the Complaints Chamber of the Federal Criminal Court regarding the non-initiation of a criminal complaint. The complainant requested, among other things, an order to the Federal Prosecutor's Office to reconsider the criminal complaint.


8C_499/2024: Decision on the Temporally Staggered Disability Pension

Summary of the Facts

An insured person (born in 1959) applied for disability insurance benefits due to health problems. After a series of medical evaluations and several preliminary decisions, the IV office Basel-Landschaft granted the insured person staggered pensions. The insured person appealed, which was dismissed at the cantonal level. Before the Federal Court, he requested, among other things, the continuous granting of a full pension.


6B_834/2024: Judgment on Deportation and Listing in the Schengen Information System

Summary of the Facts

A.________ was convicted by the Lucerne Criminal Court for pornography, depiction of violence, and multiple violations of the Narcotics Act, and was sentenced to a fine. The criminal court ordered a five-year deportation and its listing in the Schengen Information System (SIS). The Cantonal Court confirmed the first-instance judgment but waived the deportation citing a hardship case as per the hardship clause (Art. 66a para. 2 StGB). The Cantonal Public Prosecutor's Office of Lucerne lodged a complaint with the Federal Court.


7B_360/2025: Complaint Regarding the Extension of Pre-Trial Detention: Non-Admission

Summary of the Facts

A.________ has been in pre-trial detention since June 21, 2024, due to suspicion of qualified violations of the Narcotics Act. This detention has been extended multiple times, most recently until June 18, 2025. His complaint against the extension was dismissed by the Cantonal Court of Bern. With a submission on April 21, 2025, he filed a complaint in criminal matters with the Federal Court.


4D_72/2025: Inadmissibility of the Complaint Due to Lack of Advance Payment

Summary of the Facts

The complainant A.________ filed a complaint against a decision of the Cantonal Court of Valais on March 10, 2025, after it did not admit his original complaint. The Federal Court required an advance payment, which was not made despite an extension of the deadline.


5A_244/2025: Decision on Costs and Compensation for the Complainant's Lawyer in the Context of a Child Protection Measure Procedure

Summary of the Facts

A.________ appealed against a decision of the judge of the Cantonal Court of Neuchâtel on March 24, 2025, which stated, among other things, that the proceedings between A.________ and B.________ no longer constituted a subject of dispute and that the file was closed, as well as determining the compensation of A.________'s official lawyer at CHF 3,030.60. The appeal concerns the regulation of costs and further claims from the complainant.


5A_326/2025: Decision on Suspension of Enforcement and Free Legal Assistance

Summary of the Facts

The complainant is the father of two children and has been in pre-trial detention for over a year. The Child and Adult Protection Authority (KESB) granted a visitation right to the children's maternal grandmother but initially suspended it due to the lack of a child-friendly environment. By decision of April 10, 2025, the KESB lifted the suspension and ordered accompanying measures. The complainant requested the Cantonal Court to suspend the enforcement of this decision. The Cantonal Court dismissed both the request and the application for free legal assistance. The complainant appealed to the Federal Court against this decision.


4A_195/2025: Judgment Regarding Inadmissibility Due to Late Submission

Summary of the Facts

A.________ entered into a lease agreement on October 1, 2021, for the use of a furnished room in a building in Geneva after B.________ and C.________ had previously rented the same room. Disputes arose regarding the amount of rent, as well as claims from C.________ and A.________ for alleged damages and compensation. The Geneva rental court rendered a judgment in favor of B.________ on September 18, 2024, after which A.________ appealed and was granted an extension. However, a late dispatch of the appeal led the cantonal instance to declare the appeal inadmissible.


6B_1218/2023: Judgment on the Charge of Theft and Property Damage

Summary of the Facts

The complainant A.________ was found guilty in the lower courts of multiple offenses, including theft, property damage, and trespassing. He unsuccessfully appealed the conviction and deportation before the Federal Court. The District Court of Baden sentenced A.________ to a prison term of 9 months, a fine of 20 daily rates (100 CHF per day), a penalty of 200 CHF, and a five-year deportation. The Cantonal Court of Aargau suspended the proceedings regarding "insult" and acquitted A.________ of some charges. However, it sentenced him to an unconditional prison sentence of two years and a fine and confirmed the deportation.


1C_248/2024: Mobile Communications Facility: Construction Project Outside the Construction Zone

Summary of the Facts

Swisscom (Schweiz) AG applied for permission to expand a mobile communications facility in the agricultural zone of Aarwangen. The project involves the replacement of conventional antennas and the installation of adaptive 5G antennas. The exception permit according to Art. 24 RPG and the building permit were granted, and objections were dismissed. After complaints at the cantonal level, the proceedings were publicly re-laid several times, and the permits were confirmed. The complainants, who raised health and spatial planning objections, ultimately went to the Federal Court, which dismissed the complaint.


6B_646/2024: Judgment on Complaints Regarding Traffic Rule Violations as Well as Depictions of Violence and Pornography

Summary of the Facts

The proceedings concern A.________, who was convicted of multiple serious traffic rule violations, depictions of violence, and pornography. In particular, the search of his mobile phone in the context of a criminal investigation was significant. The Cantonal Court of Zurich convicted him of negligent serious traffic rule violations, while the first instance had assumed intentional serious traffic rule violations. Both A.________ and the Cantonal Public Prosecutor's Office of Zurich filed complaints against the judgment of the Cantonal Court with the Federal Court.


4A_665/2024: Dispute over Extraordinary Termination of a Lease Agreement Related to a Cooperation Agreement

Summary of the Facts

The A.________ Hospital Foundation (landlord, complainant) and B.________ AG (tenant, respondent) entered into a lease agreement for ten years on December 18, 2018, as well as a related cooperation agreement, which was to mutually condition both. The landlord extraordinarily terminated both contracts on July 15, 2021, based on economic reasons and the closure of the U.________ location. The District Court and later the Cantonal Court of Zurich declared the termination of the lease invalid. The foundation appealed to the Federal Court.


9C_401/2024: Proceedings Regarding Amendments to the Health Insurance Ordinance of the Canton of Thurgau and Cantonal Obligations for Training in the Nursing Sector

Summary of the Facts

A.________ AG, a Spitex organization in the Canton of Thurgau, and its managing director B.________ filed two complaints against cantonal amendments to the health insurance ordinance (TG KVV) and the resulting government council resolutions (regarding training obligations and replacement contributions for Spitex organizations). These regulations were introduced in the context of the Swiss nursing initiative and its implementation at the cantonal level. The goal is to promote the training of nursing professionals. The complainants saw violations of rights and a factual endangerment of their corporate structure.


7B_458/2025: Non-Admission of a Complaint Against the Order of Preventive Detention

Summary of the Facts

The complainant, A.________, is in preventive detention due to a murder charge. The coercive measures court ordered preventive detention on April 8, 2025, until June 20, 2025, after the public prosecutor's office filed charges. A complaint against this decision was dismissed by the Cantonal Court of Basel-Landschaft on May 14, 2025. With a submission on May 19, 2025, the complainant filed a criminal complaint with the Federal Court, demanding immediate release and the annulment of the contested decision.


4A_191/2025: Complaint Regarding the Formal Rejection of an Appeal Due to Late Submission

Summary of the Facts

The complainants (A.________ and B.________) submitted their appeal against a judgment of the Geneva Rental Court on October 31, 2024, too late in a rental dispute. The appeal was declared inadmissible by the competent chamber of the Geneva Cour de Justice on March 13, 2025. The dispute concerns a rent claim from the landlord C.________ SA.


7F_11/2025: Dismissal of a Review Procedure Due to Withdrawal of the Request

Summary of the Facts

The applicant A.________ requested a review of a Federal Court judgment dated January 28, 2025, on February 26, 2025. On March 21, 2025, he announced that an isolated examination of the request was pointless and announced his withdrawal. The Federal Court requested an explicit declaration of the withdrawal on June 4, 2025, which the applicant confirmed with a note.


7F_8/2025: Order on the Withdrawal of a Review Request

Summary of the Facts

The applicant A.________ filed a review request against the Federal Court judgment of December 30, 2024 (7B_1169/2024) on February 20, 2025. He withdrew this request in writing on March 21, 2025, as he considered an isolated handling pointless. At the request of the Federal Court, he confirmed the withdrawal on June 4, 2025, with the note "Withdrawal".


7B_1253/2024: Unsealing of Seized Items in the Context of a Criminal Investigation

Summary of the Facts

The Public Prosecutor's Office III of the Canton of Zurich is conducting a criminal investigation against B.________ and C.________ for multiple counts of qualified disloyal management. During the investigation, physical and electronic documents were secured at various companies, including A.________ AG. A.________ AG requested the sealing of the documents and invoked in particular attorney-client privilege. The coercive measures court of the District of Zurich decided to use the physical documents without triage and the electronic media after triage in the investigation. A.________ AG filed a complaint against this decision with the Federal Court.


6B_21/2025: Judgment on the Complaint Regarding Forgery and Obtaining a False Certification

Summary of the Facts

The complainant A.________ was convicted by the Cantonal Court of Zurich for, among other offenses, forgery, obtaining a false certification, and multiple false accusations. The lower court relied on various pieces of evidence, including factual records and DNA traces. It did not conduct a witness interrogation due to the unavailability of the witness and assessed the factual determination in anticipatory evidence evaluation. The complainant appealed to the Federal Court, alleging violations of several procedural principles and arbitrariness by the lower court.


7B_788/2023: Decision on the Granting of Compensation Following a Non-Initiation Order

Summary of the Facts

The Cantonal Unemployment Insurance Fund of the Canton of Neuchâtel filed a criminal complaint against A.________ (employee of two companies) and B.________ (managing director of these companies) on May 25, 2020, for offenses of fraud (§ 146 StGB), forgery (§ 251 StGB), and a violation under Art. 105 of the Federal Act on Unemployment Insurance (AVIG). The complaint was based on false information in applications for short-time work compensation (RHT). However, the prosecutor refused to initiate an investigation with a decision dated June 2, 2023 (non-admission), as no criminally relevant elements were present.
A.________ and B.________ attempted to obtain compensation for their defense costs according to Art. 429 StPO before turning to the Federal Court.


7B_1264/2024: Unsealing Request

Summary of the Facts

The Federal Court hears complaints from A.________ AG against unsealing orders of the coercive measures court of Zurich in the context of a criminal investigation against B.________ and C.________ for qualified disloyal management. It concerns the search of physical and electronic documents, which were secured during a house search and initially sealed. A.________ AG requests the refusal of unsealing and the return of the documents, alternatively a reassessment by the lower court or an adjustment in the triage of electronic data regarding confidentiality protection (attorney-client privilege).


2C_427/2024: Judgment on the Allocation of Subsidies for Spoiled Milk and Feeding Without Silage

Summary of the Facts

The Federal Court addresses the question of whether A.________ has a claim against the Federal Office for Agriculture for subsidies for spoiled milk and feeding without silage for the months of January to March 2009. According to the lower court, the disputed subsidy claim was transferred by A.________ to C.________ AG through a claim assignment. The complainant explicitly denies the assignment of the subsidy claim. The Federal Court overturns the previous judgment and refers the matter back to the lower court for reassessment.


4A_603/2024: Review of Termination of Lease Agreements Due to Payment Default

Summary of the Facts

The landlord terminated the leases of the tenants of a 5 ½-room apartment, an air raid shelter, and a bicycle shelter on February 29, 2020, citing payment arrears for rents and ancillary costs. The tenants disputed this payment arrears and successfully sued before the Regional Court of Bernese Jura-Seeland, which declared the terminations invalid. The landlord's appeal against this judgment was dismissed by the Cantonal Court of Bern. The landlord appealed to the Federal Court.


6B_1169/2023: Federal Court Judgment on Negligent Bodily Harm and Procedural Issues

Summary of the Facts

On December 17, 2014, the complainant A.________ collided with her car with two pedestrians (B.________ and C.________) in V.________. B.________ sustained severe injuries that led to a full IV pension, while C.________'s injuries healed without consequences. The proceedings evolved through various instances: initially a conviction of the complainant by the District Court, then her acquittal by the Cantonal Court, and finally a remand by the Federal Court. The Cantonal Court of St. Gallen convicted A.________ again after re-examination for negligent bodily harm with a conditional fine.