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. 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.
9D_12/2024: Decision on Liability Under Art. 52 LAVS
Summary of the Facts
The C.________ Sàrl was affiliated as an employer with the Caisse AVS of the Fédération patronale vaudoise (AVS fund). A.________ was registered as the sole shareholder-manager in the commercial register until June 2018. The company was declared bankrupt in June 2019. The AVS fund demanded compensation from A.________ for unpaid social security contributions for 2017 and 2018. The amount was set by the lower court at CHF 9,168.60, against which A.________ appealed to the Federal Court.
Summary of the Considerations
1. (E.1.1–E.1.4) The Federal Court points out that according to Art. 99 para. 1 LTF, no new facts or evidence can be presented. The case concerns the liability of A.________ under Art. 52 LAVS for damage caused by unpaid social security contributions and is only appealable through a subsidiary constitutional complaint. 2. (E.2.1–E.2.2) The invocation of constitutional violations requires a clear and substantial justification. The Federal Court recognizes the factual findings of the lower court that the appellant can be held liable as a formal organ. 3. (E.3.1–E.3.4) Regarding the right to be heard (Art. 29 para. 2 BV) and the rejection of further evidence by the lower court, the Federal Court sees no signs of arbitrariness (Art. 9 BV). The lower court had no reason to obtain additional evidence. 4. (E.3.4.1–E.3.4.2) The lower court was not obliged to examine further responsibility of B.________, as the AVS fund is entitled to hold a debtor primarily liable. This practice is in line with established case law. 5. (E.3.5.1–E.3.5.2) The appellant could not present any indication of an arbitrary decision regarding his responsibility or his scope of organization as a manager. 6. (E.3.6.1–E.3.6.2) Regarding the statute of limitations, the lower court correctly applied the new rules of limitation (from January 1, 2020), according to which a claim can be asserted three years after knowledge of the damage. The damage became known only with the bankruptcy notification in November 2019; the claim had not yet expired in 2022. 7. (E.3.7) The appeal is fully dismissed as unfounded.
Summary of the Disposition
The appeal by A.________ was rejected, and he must bear the costs of the proceedings.
8C_698/2024: Judgment on Accident Insurance
Summary of the Facts
The appellant suffered a traffic accident on June 20, 2017, in which her grandparents were fatally injured and she herself was hospitalized with a mild traumatic brain injury and psychological complaints. The Swiss Accident Insurance Institute (Suva) later denied claims for compensation for loss of integrity and disability pension due to insufficient organic accident consequences.
Summary of the Considerations
- **E.1:** The Federal Court examines legal violations according to Art. 95 ff. BGG and applies the law ex officio, taking into account the stated deficiencies. - **E.2:** The present complaint is directed against the confirmation by the cantonal court that no further accident insurance benefits beyond the previous ones are to be discussed. - **E.3:** No sufficiently demonstrable organic accident consequences were found that could justify a benefit beyond November 15, 2018. The present psychological complaints were correctly assessed according to the "Psycho-Practice" (BGE 115 V 133), and the adequacy criteria of the accident were also examined and denied in accordance with federal law. - **E.4:** The appellant could not assert any specific legal violations, even in the context of the ECHR, the UN Covenant, or the Federal Constitution.
Summary of the Disposition
The complaint is dismissed, and court costs are imposed on the appellant.
1C_511/2024: Decision on the Local Planning of the Municipality of Salenstein
Summary of the Facts
The municipality of Salenstein revised its guideline and framework land use plan, which included the rezoning of the castle park and provisions for the special construction zone Sandegg. A.________, landowner of the castle park and the small settlement Sandegg, opposed the planned changes and requested an allocation of his property to building zones. After the decision of the department and the administrative court of the canton of Thurgau, A.________ appealed to the Federal Court.
Summary of the Considerations
- **E.1:** The Federal Court examines the admissibility of the appeal. A cantonal final decision is contested, focusing on the legal nature of the binding reservations for the special construction zone Sandegg, which already foresee a planning obligation according to the cantonal guideline plan. - **E.1.6:** The court found that the reservations in the approval decision merely clarify the binding planning mandate of the guideline plan. These do not result in ownership restrictions as long as the municipality of Salenstein does not implement them. - **E.1.7:** This is an interim decision that does not have an irreparable disadvantage for the appellant. Any potential disadvantage can be contested later during the actual rezoning. - **E.1.8:** The conditions for an independent appeal against an interim decision according to Art. 93 BGG are not met, as neither an irreparable disadvantage arises nor is there a significant saving of proceedings.
Summary of the Disposition
The appeal is declared inadmissible and the court costs are imposed on the appellant.
1C_362/2024: Judgment on the Appealability of Organizational Measures at the University of Zurich
Summary of the Facts
A professor at the University of Zurich (A.________) demands the annulment of organizational resolutions of the institute that introduced a pooling system for financial and personnel resources as of 2022. The annual operating credit and the staffing percentages were to be newly determined centrally by the directorate. The professor's appeals against these changes were unsuccessful both with the university management and with the cantonal appeals commission. The Administrative Court of Zurich ruled that the contested resolutions were purely organizational measures that did not affect the rights and obligations of the plaintiff arising from his employment relationship and were therefore not appealable.
You can find the complete summary of the judgment in the Portal.
5F_23/2025: Decision on the Revision of a Civil Case
Summary of the Facts
The Federal Court is dealing with a revision of the decision 5A_93/2025 of April 11, 2025, which rejected the appeal of A.________. He demanded the recognition of a conflict of interest of the opposing lawyer, the sanctioning of alleged parental alienation, and a claim for damages of CHF 50,000. His revision is based on Art. 121 ff. BGG as well as on allegedly new facts and claimed procedural deficiencies.
You can find the complete summary of the judgment in the Portal.
4A_570/2024: Decision on Termination of Proceedings by Withdrawal of the Appeal
Summary of the Facts
The appellant A.________ filed a complaint on October 30, 2024, against a judgment of the Civil Chamber of the Vaud Cantonal Court of October 20, 2024. On June 13, 2025, she declared to the Federal Court the withdrawal of her appeal.
You can find the complete summary of the judgment in the Portal.
7B_1411/2024: Decision on the Lifting of the Sealing of an Electronic Copy of a Document
Summary of the Facts
A professor from EPFL filed a criminal complaint against a person and later against unknown individuals for defamation and slander. A redacted letter dated March 21, 2023, was the subject of the investigations. EPFL, represented by A.________, refused to submit this letter in unredacted form despite requests from the Vaud Cantonal Ministry, citing official secrecy and the protection of its students' interests. Following the threat of sanctions, EPFL provided the document in encrypted form and placed it under seal. The ministry requested the competent court of the canton of Vaud to lift the seal, which was decided upon, against which EPFL and A.________ filed a complaint with the Federal Court.
You can find the complete summary of the judgment in the Portal.
7F_18/2025: Judgment on a Revision in a Criminal Procedure
Summary of the Facts
A.________ requested the revision of the Federal Court judgment 7B_906/2023 of February 1, 2024, which declared his earlier appeal against a cantonal judgment inadmissible. The request for revision was based on new allegedly relevant evidence discovered on December 3, 2024. The revision procedure concerns an earlier decision of the Ministry for the Republic and the Canton of Geneva regarding a decision not to proceed with a criminal complaint filed against A.________ by B.________.
You can find the complete summary of the judgment in the Portal.
7B_53/2025: Rejection of a Request for Judge Recusal in a Criminal Case
Summary of the Facts
The appellant, A.________, was summoned before the District Court of Broye and Nord Vaud for violations of the Narcotics Act (LStup). During the main hearing, his request to hear several witnesses again in his presence and to remove certain records from the file was rejected. He then requested the recusal of the presiding judge of the District Court, Caroline Fauquex-Gerber, due to alleged bias. The cantonal appeals chamber rejected the request for recusal. The case was ultimately brought before the Federal Court, where the appellant demanded the annulment of the cantonal decision and a new examination.
You can find the complete summary of the judgment in the Portal.
7B_45/2025: Decision Regarding the Rejection of a Public Defender
Summary of the Facts
The appellant, an Algerian citizen who has been living illegally in Switzerland since 2019, was sentenced in September 2024 in a penal order for driving without a valid driver's license and illegal residence to a conditional prison sentence of 120 days. He appealed against the penal order and later requested the appointment of a public defender. Both the public prosecutor's office and the cantonal authority rejected his request.
You can find the complete summary of the judgment in the Portal.
1C_307/2025: Judgment Regarding Provisional Withdrawal of Driver's License
Summary of the Facts
A.________ appealed against the rejection of his request for superprovisional restoration of the suspensive effect of his complaint regarding a provisional withdrawal of driver's license by the Administrative Court of the Canton of Zurich. He also requested the extension of the suspensive effect to a subsequently ordered definitive withdrawal of the driver's license as well as the postponement of a medical examination.
You can find the complete summary of the judgment in the Portal.
5A_285/2025: Decision on a Complaint Regarding the Effect of Suspensive Effect in Protection Measures of the Marital Community
Summary of the Facts
The appellant (husband) was ordered by a decision of the District Court to pay his wife a monthly maintenance amount of CHF 2,380. He appealed against this measure of protection of the marital community and simultaneously requested the suspensive effect. The cantonal appeal instance rejected this request. The appellant then appealed to the Federal Court, where he again requested the grant of the suspensive effect and the annulment of the previous decisions, as well as a reassessment by the cantonal instance.
You can find the complete summary of the judgment in the Portal.
8C_209/2025: Examination of Employment Mediation Capability for Unemployment Compensation
Summary of the Facts
A.________ registered for employment mediation twice (in December 2022 and July 2023) and applied for unemployment compensation. In the meantime, he initially operated a restaurant independently and later semi-independently. The unemployment insurance retroactively denied his mediation capability and demanded the return of overpaid daily allowances. The lower court partially acknowledged the mediation capability; the appellant demands full recognition of the mediation capability for the duration of both relevant periods.
You can find the complete summary of the judgment in the Portal.