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New Federal Court rulings from 09.02.2026

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 present detailed summaries including facts, considerations, and decisions. For the other rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the Lexplorer portal. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.

1C_666/2025: Inadmissibility of the appeal against voting results

Summary of the Facts

On May 18, 2025, a vote took place in the municipality of Surpierre, where a general council for the legislative period 2026-2031 was accepted with 178 to 165 votes. Nathalie Dupré-Balmat filed a complaint with the cantonal administrative court on May 19, 2025, to contest the voting results due to alleged irregularities in the voting preparation. The lower court declared the complaint inadmissible by decision of November 4, 2025, due to late submission. The complainant then filed an appeal to the Federal Court, requesting the annulment of the lower court's decision, particularly criticizing the interpretation of the deadline regulation.

Summary of the Considerations

The Federal Court confirmed its jurisdiction to handle complaints in the area of political rights according to Art. 82 lit. c BGG. The complaint was submitted in a timely manner and by a qualified person. Only questions regarding the admissibility of the appeal before the lower court were examined. Substantive arguments related to the voting result were not the subject of Federal Court review. The complainant alleged arbitrariness in the evaluation of evidence and violations of the principle of equal treatment. The Federal Court rejected these allegations, as the lower court had correctly taken into account the relevant evidence and there was no unequal treatment. The main argument of the complainant concerned the start of the appeal period. The Federal Court confirmed the lower court's view that the complainant must have been aware of the relevant facts no later than May 7, 2025 (after the official information event). The appeal filed on May 19, 2025, was therefore late.

Summary of the Decision

The appeal was dismissed, and the court costs were imposed on the complainant.


5A_61/2026: Measures regarding the restoration of personal relationships

Summary of the Facts

The complainant applied to the Justice of the Peace in the district of Morges for the issuance of measures to restore personal contact with her son. The corresponding order was denied. In response to her complaint, the Vaud Cantonal Court as the lower court also refused to issue urgent measures. The appeal to the Federal Court is directed against this refusal.

Summary of the Considerations

An extension of the submission after the statutory appeal period has expired is not possible (Art. 100 para. 1 in conjunction with Art. 47 para. 1 BGG). The corresponding request of the complainant to supplement her appeal must therefore be rejected. The appeal is inadmissible insofar as it is directed against decisions of the Justice of the Peace, as this does not represent a higher court instance (Art. 75 para. 1 BGG). Similarly, the challenge of decisions of the non-judicial Directorate for Childhood and Youth (DGEJ) is inadmissible. The contested decision was based on Art. 445 para. 2 of the Swiss Civil Code (superprovisional measures). According to established case law, such decisions are not subject to appeal in civil matters. The grounds for the appeal do not meet the requirements of Art. 106 para. 2 BGG. The objections are largely irrelevant and relate to issues that are not the subject of the contested decision. The complainant does not explain how the lower court has fallen into arbitrariness (Art. 9 BV). The lower court found that the requirements for superprovisional measures had not been credibly established.

Summary of the Decision

The Federal Court declared the appeal inadmissible and rejected the request for free legal aid. In addition, court costs were imposed, and the judgment was communicated to the involved parties.


5A_79/2026: Ruling on the rejection of a request for restoration of deadlines in the context of a repatriation procedure

Summary of the Facts

The complainant requested the Cantonal Court of Basel-Landschaft to return his son to Germany. The Cantonal Court denied this on the grounds that there was no unlawful removal of the child, as the mother had legitimately moved to Switzerland with the child. After delivery issues with the court order, the complainant's legal representative requested the annulment of the decision or the restoration of the appeal deadline. The Cantonal Court rejected the request and referred it to the Federal Court.

Summary of the Considerations

The Federal Court rejected the request for restoration of the deadline because the inaction of the legal representative could not be attributed to excusable obstacles in the sense of Art. 50 para. 1 BGG. The misdirection caused by the forwarding order fell within the responsibility of the legal representative. Furthermore, there was no simultaneous submission of the appeal, as required by Art. 50 para. 1 BGG. The Federal Court additionally stated that the repatriation request would also have had no prospect of success on the merits. The mother had sole parental custody and the right to determine residence, which is why she had legitimately moved to Switzerland with the child, where both had established their habitual residence. There was no unlawful removal in the sense of the Hague Convention on the Civil Aspects of International Child Abduction. The court costs were imposed on the legal representative, as the lapse of the deadline was within their responsibility.

Summary of the Decision

The Federal Court did not consider the request for restoration of the deadline and imposed the court costs on the complainant's legal representative. The verdict was communicated to the parties and other entities.


9C_242/2025: Ruling on the calculation of the assistance contribution in the area of "Education and Childcare"

Summary of the Facts

The respondent, born in 1978, suffers from amyotrophic lateral sclerosis (ALS) and receives a full disability pension and an assistance contribution from the IV. The amount of the assistance contribution as of April 1, 2019, was in dispute, particularly the need for help in the area of "Education and Childcare". After the insurance court of the canton of Aargau deemed a calculation by the IV office unlawful, it ordered multiple remissions for recalculation of the need for assistance. The IV office appealed against the corresponding rulings.


8C_749/2025: Ruling on unemployment insurance and procedural requirements

Summary of the Facts

The complainant A.________ filed a complaint with the Federal Court against a ruling of the Administrative Court of the Canton of Zug and requested the restoration of the missed appeal deadline. The background involved orders from the Employment and Labor Office of the Canton of Zug, which provided for a temporary suspension of unemployment support. The Administrative Court dismissed the complaint, and A.________ could not meet the appeal deadline before the Federal Court.


1C_570/2024: Dismissal of the appeal against the redesign of a mobility path

Summary of the Facts

The municipality of Bulle planned to redesign a mobility path ("chemin de mobilité douce") along the Route de la Part-Dieu. The aim was to replace the existing yellow pedestrian zone with a combined pedestrian and bicycle lane (3 meters wide, separated from the road by a green strip) over a distance of 505 meters. This involved, among other things, the permanent use of 1,890 square meters and the temporary use of 630 square meters of a parcel. A resident opposed the project, arguing that it was impractical, did not sufficiently consider land use interests, and impaired safe access to his parcel. After his complaint was rejected by cantonal and municipal instances, the resident appealed to the Federal Court.


1C_765/2025: Inadmissibility of the appeal against the refusal of free legal aid

Summary of the Facts

The complainant (A.________) requested the exchange of his Turkish driver's license for a Swiss driver's license. After failing a control drive, his driving permission was revoked on February 20, 2024, against which he did not file a timely opposition. However, on September 18, 2025, he requested the restoration of the opposition period, which was rejected by the lower courts. The complainant also requested free legal aid in an appeal procedure, which was refused due to lack of prospects for success.


1C_33/2026: Inadmissibility of the appeal against a construction project

Summary of the Facts

A.________ and B.________ requested the construction of a 2.5-meter high fence with a net as a privacy screen on their property in the canton of Neuchâtel. The project was rejected by several authorities because it violated planning and building regulations, particularly regarding sight lines and traffic safety. A.________ filed an appeal to the Federal Court against the decision of the cantonal administrative court.


1C_472/2024: Building permit for an oval track for Icelandic horses in the special zone for equestrian sports

Summary of the Facts

A.A.________ and B.A.________ constructed an oval track for Icelandic horses in the special zone for equestrian sports in the municipality of Sins. The originally approved height limits were exceeded by about 80 cm. The relevant authorities demanded the restoration to the approved height. After the complaints against these were rejected by the cantonal instances, the builders appealed to the Federal Court.


4A_343/2025: Ruling regarding provisional enforcement

Summary of the Facts

The debtor (A.A.) undertook in the context of an inheritance contract to pay a pension of CHF 5,000 monthly to her son (B.B.) after her sister's death. This obligation was later classified in an agreement as a recognition of debt. After years of suspension of payments, the debtor was enforced; she raised an objection.


8C_266/2025: Ruling regarding disability insurance

Summary of the Facts

The complainant, born in 1966, repeatedly registered with the IV office of the canton of Bern for benefits. The IV office last rejected his application by order of October 14, 2024, except for a limited pension award for the period from August 1, 2023, to February 29, 2024. An indefinite pension was denied due to a disability level of a maximum of 29%. The cantonal administrative court of the canton of Bern dismissed the appeal against this order. The complainant's appeal in public law matters is directed against this ruling at the Federal Court.


7B_1269/2025: Order regarding inadmissibility concerning community service

Summary of the Facts

The complainant requested the conversion of his sentence into community service, which was rejected by the Directorate of Justice and the Interior of the Canton of Zurich. The Administrative Court of the Canton of Zurich dismissed his request for free legal aid and exemption from the obligation to pay court costs as hopeless. It set a deadline for him to pay the court costs, otherwise, the complaint would not be considered. The complainant has now appealed to the Federal Court.


7B_434/2025: Ruling on the appeal due to legal delay in the appellate procedure

Summary of the Facts

A.________ filed an appeal against a district court ruling and additionally requested a recusal of the responsible prosecutor. After more than a year, A.________ filed a complaint regarding legal delay and violation of the acceleration requirement with the Federal Court. During the ongoing procedure, the Cantonal Court of Zurich had decided in the meantime not to consider the appeal and to reject the recusal request.


4A_175/2025: Ruling regarding proof of inability to work and sick pay benefits

Summary of the Facts

The respondent (injured party) suffered an accident in January 2021, after which various medical examinations and clarifications regarding his ability to work took place. SUVA discontinued its benefits in June 2021, as the complaints were no longer considered accident-related. The private sick pay insurance of the complainant subsequently provided benefits but discontinued these in April 2022, despite several medical certificates of complete inability to work. The respondent unsuccessfully filed a complaint with the Social Insurance Court of Basel-Stadt, leading to the matter being brought before the Federal Court.


9C_153/2025: Review of the tax exemption of a foundation concerning state and municipal taxes as well as direct federal tax for the tax periods 2013-2019

Summary of the Facts

The foundation A.________, established in 2013, was exempted from tax by the Cantonal Tax Office of St. Gallen. Due to a hint of a potential concealed distribution of profits, the tax exemption was revoked retroactively by the tax office as of 2021. While the lower courts rejected the revocation of the tax exemption for the tax periods 2013 to 2019, the tax office appealed to the Federal Court.


1C_332/2025: Decision on request for renovation and repurposing of a residential building

Summary of the Facts

The A.________ SA requested the renovation and repurposing of a residential building and an adjacent, no longer used garage building, which is located on a protected parcel in Chêne-Bourg (GE). The Department for Spatial Development of the Canton of Geneva approved the building application but imposed a rent limit for the renovated apartments for five years. The Administrative Court of the Canton of Geneva (TAPI) and the Administrative Court Chamber of the Canton of Geneva dismissed the legal remedies raised by the builder against this restriction.


4A_295/2025: Ruling on the challenge of a cost regulation in connection with a precautionary evidence gathering

Summary of the Facts

The Political Municipality B.________ commissioned C.________ AG with works related to the renewal of a power plant facility. The facility was put into operation in 2018, and a leak occurred in 2021. The municipality requested a precautionary evidence gathering from the Commercial Court of the Canton of St. Gallen to clarify the cause of the leak. C.________ AG announced the dispute to A.________ gmbh&co kg, which participated in the proceedings. The Commercial Court ordered the preparation of expert opinions and dismissed the proceedings in 2025. It ruled that the procedural costs would be imposed on the municipality, but no compensation would be awarded to the parties in dispute. A.________ gmbh&co kg appealed the decision to the Federal Court and requested a party compensation of at least CHF 58,220.75.


7B_1013/2025: Right to be heard, translation

Summary of the Facts

The Public Prosecutor's Office of Fribourg is conducting a criminal investigation against A.________ for fraud. A protocol of an interview with C.________, which was written in Italian, is part of the criminal records. A.________ requested the translation of the criminal records and the inadmissibility of the protocol, as the defender could not be present during the questioning. The Public Prosecutor's Office rejected this. The Cantonal Court of Fribourg instructed the Public Prosecutor's Office to keep the protocol confidential, partially granted the appeal, and dismissed it in other respects. A.________ filed an appeal with the Federal Court, particularly regarding the translation of essential procedural records.


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