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New Federal Court rulings from 16.02.2026

Latest Rulings of the Federal Court

Here you will find the most current rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositives. For the subsequent 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.

4A_660/2025: Judgment on the non-admission of a complaint regarding free legal aid

Summary of the Facts

The complainant applied for free legal aid again at the Lucerne Cantonal Court after his financial situation worsened. However, the Cantonal Court did not admit his request. The complainant challenged this decision before the Federal Court.

Summary of the Considerations

- **E.1:** The Federal Court found that the submissions of the complainant obviously did not meet the legal requirements for justification according to Art. 42 para. 2 and Art. 106 para. 2 BGG. Therefore, the complaint was not admitted. - **E.2:** The request for free legal aid for the federal court proceedings was denied, as the complaint was considered to be hopeless from the outset (Art. 64 para. 1 BGG). - **E.3:** The court costs were imposed on the complainant (Art. 66 para. 1 BGG). No party compensations were awarded (Art. 68 para. 2 and 3 BGG).

Summary of the Dispositive

The Federal Court did not admit the complaint, denied the request for free legal aid, and imposed court costs on the complainant. No party compensations were awarded.


4A_628/2025: Non-admission of the complaint

Summary of the Facts

The complainant A.________ SA filed a complaint with the Federal Court on December 8, 2025, against a decision of the Chambre des baux et loyers of the Court of Justice of the Canton of Geneva from October 21, 2025, in a rental law dispute with the respondent B.________ Sàrl. On February 3, 2026, A.________ SA's lawyer informed the Federal Court that the complaint would be withdrawn.

Summary of the Considerations

(E.1) The Federal Court acknowledged the withdrawal of the complaint and removed the case 4A_628/2025 from the business directory based on Art. 32 para. 2 BGG. (E.2) A full exemption from costs according to Art. 66 para. 2 BGG was not granted; however, the court costs were reduced and imposed on the complainant. (E.3) It was decided not to grant any party compensation (no award of party costs).

Summary of the Dispositive

The court acknowledged the withdrawal of the complaint, removed the case from the business directory, and imposed court costs on the complainant.


4A_14/2026: Decision on the admissibility of a complaint regarding tenant eviction

Summary of the Facts

The C.________ AG (landlord) requested the termination of the tenancy with the complainants A.________ and B.________ (tenants) for an apartment as of November 30, 2024. The District Court of Baden ordered the tenants to vacate the apartment after the decision became final. The Cantonal Court of Aargau dismissed the appeal against this on November 28, 2025. The complainants then filed a complaint with the Federal Court.

Summary of the Considerations

- **E.1:** The presidency of the District Court of Baden declared the tenancy terminated and ordered eviction under the threat of police enforcement. The Cantonal Court of Aargau confirmed this decision. - **E.2:** The Federal Court stated that complaints to the Federal Court must be sufficiently justified (Art. 42 para. 2 BGG). Facts disputes and new facts can only be addressed under clearly defined conditions (Art. 105 para. 2, Art. 97 para. 1, Art. 99 para. 1 BGG). - **E.3:** The complaint of the complainants does not meet the justification requirements. The complaint is inadmissible according to Art. 108 para. 1 lit. b BGG. - **E.4:** The court costs are imposed on the complainants under joint liability.

Summary of the Dispositive

The Federal Court did not admit the complaint and imposed court costs of CHF 800 on the complainants. The judgment was communicated to the parties in writing.


7B_1326/2025: Inadmissibility of the complaint due to non-admission of the disqualification request

Summary of the Facts

The complainant A.________ filed a complaint against a decision of the Cantonal Court of Basel-Stadt, which did not admit a disqualification request he submitted. The Federal Court set a deadline for the complainant to pay a cost advance, which he allowed to expire without action. A subsequent deadline was also not used, as the postal items were not picked up.


1C_757/2025: Individual significance of psychological impairment within the framework of the LAVI regulation

Summary of the Facts

The complainant A.________ applied for compensation under the Victim Assistance Act (LAVI), as she had become a victim of fraud, resulting in a loss of EUR 121,300. The responsible cantonal authority denied the compensation, stating that fraud, as a property offense, is not covered by the LAVI and that there was no sufficiently direct psychological impairment. The cantonal administrative court confirmed this decision. A.________ filed a complaint against this ruling with the Federal Court.


7B_1133/2025: Inadmissibility of the complaint

Summary of the Facts

A.________ filed a complaint against a non-admission order issued by the prosecutor of the Jura-Seeland region, which was issued on June 5, 2025. The complaint against the order was dismissed by the Criminal Complaints Chamber of the Cantonal Court of Bern on September 24, 2025. A.________ challenged this decision with a complaint in criminal matters before the Federal Court.


4A_354/2025: Tenancy agreement, disqualification, and non-payment of the cost advance

Summary of the Facts

The complainant filed a complaint against two decisions of the Cantonal Court of Bern, 2nd Civil Chamber, from June 24, 2025, and July 1, 2025. By presidential order from July 15, 2025, he was instructed to pay a cost advance of CHF 300 by August 29, 2025, at the latest. Since the payment was not made within this period, a non-extendable subsequent deadline was set for January 20, 2026. However, the complainant also allowed this deadline to expire without action.


7B_2/2026: Judgment regarding non-admission order and non-admission

Summary of the Facts

The complainant A.________ filed criminal requests due to defamation. The prosecutor issued a non-admission and discontinuation order. The court of first instance, the Cantonal Court of Aargau, dismissed the complaint against this order, to the extent it was admitted. The complainant then filed a complaint with the Federal Court against this decision.


5A_43/2026: Inadmissibility of the complaint and dismissal of the request for free legal aid

Summary of the Facts

The complainant requested the revocation of a measure of guardianship ordered in his favor in 2019 under Art. 396 of the Swiss Civil Code. Both the first instance (District Court of Riviera-Pays-d'Enhaut) and the cantonal appellate instance (Chambre des curatelles of the Cantonal Court of Vaud) dismissed the submission. The complainant subsequently submitted a request for revision, which was declared inadmissible by the Chambre des curatelles. He then filed a complaint with the Federal Court, requesting, among other things, the acceptance of new evidence and a renewed review of the proportionality of the guardianship.


9C_52/2026: Dismissal of the tax complaint

Summary of the Facts

The complainant A.________ was subject to a tax reassessment and tax evasion procedure by the tax administration of the Canton of Ticino for the tax period 2013. After failing to submit the requested documents in a timely manner, the authority issued a corresponding order on June 5, 2024. An appeal against this order was not dealt with by the tax administration as it was considered to be submitted late. The court of first instance, the tax law chamber of the Cantonal Court of Ticino, confirmed this decision.


8C_57/2026: Judgment on the non-admission issue in a case of disability insurance

Summary of the Facts

The complainant A.________ filed a complaint against a judgment of the Administrative Court of the Canton of Bern from May 30, 2024, which concerned disability insurance. However, the complaint was only submitted on January 22, 2026, thus outside the statutory complaint deadline of 30 days according to Art. 100 para. 1 BGG.


4A_287/2025: Decision of the Federal Court 4A_287/2025

Summary of the Facts

The municipality V.________ entered into a leasing agreement with A.________ SA in 2015 for the use of interactive advertising terminals. The production and installation of the terminals was to be carried out by B.________ SA (third-party supplier). Following the insolvency of the third-party supplier, the installation was not carried out. Nevertheless, A.________ SA demanded the agreed leasing rates from the municipality, which refused to pay them and claimed a refund of already made payments.


4D_251/2025: Judgment regarding employment contract

Summary of the Facts

The complainant was ordered by the Employment Court of Winterthur by judgment of August 19, 2025, to pay various amounts to the respondent. The complainant appealed this judgment to the Cantonal Court of Zurich, which on November 20, 2025, did not admit the appeal, as the submission was insufficiently justified. With a submission on December 26, 2025, the complainant filed a complaint with the Federal Court against the decision of the Cantonal Court.


7B_9/2026: Non-admission of a complaint in connection with the discontinuation of a criminal procedure

Summary of the Facts

The complainant A.________ filed a complaint against a discontinuation order from the prosecutor of the Canton of Aargau in connection with criminal requests he made due to defamation. The complaint was dismissed by the Cantonal Court of Aargau, to the extent it was admitted. A.________ then filed a complaint with the Federal Court.


7B_27/2026: Judgment on the inadmissibility of a complaint regarding the waiver of procedural costs

Summary of the Facts

The complainant requested the Cantonal Court of Solothurn to waive procedural costs in the amount of CHF 300. This request was denied. The complainant then filed a complaint in criminal matters with the Federal Court, also requesting the disqualification of a judge.


5A_16/2026: Inadmissibility of the complaint regarding custodial deprivation

Summary of the Facts

A.________ (born 1987) was placed under custodial care on February 26, 2025. The competent Justice de paix of the districts of Jura-Nord vaudois extended this measure indefinitely on November 5, 2025. The complaint of A.________ against this decision was dismissed by the Chambre des curatelles of the Cantonal Court of Vaud on December 8, 2025. A.________ then filed a complaint with the Federal Court on January 6, 2026, requesting the immediate revocation of the placement.


7B_1399/2025: Substitute measures instead of pre-trial detention

Summary of the Facts

A.________ was accused of threats and violence against authorities and officials (Art. 285 StGB) after making threats against judicial authorities in May 2025. After several periods of detention and decisions, his pre-trial detention was replaced by substitute measures, including a prohibition on contacting a certain person and the obligation to undergo psychiatric treatment. The extension of these substitute measures until February 18, 2026, was confirmed by cantonal instances, leading to a complaint to the Federal Court.


7B_259/2025: Decision on the standing of the complaint in connection with a discontinuation of a criminal procedure

Summary of the Facts

The complainant A.________ filed a criminal complaint against her sister B.________ for defamation and slander, as she felt her honor was violated and suffered economic damage due to written statements made to the KESB. The cantonal prosecutor's office of Zug discontinued the proceedings. The complainant requested the Cantonal Court of Zug to revoke the discontinuation order, which dismissed her complaint. In a complaint in criminal matters, she sought to compel the Federal Court to instruct the prosecutor's office to continue the proceedings or to refer the matter back to the court of first instance.


5A_394/2025: Sale without auction in the bankruptcy estate

Summary of the Facts

In the bankruptcy of A.________ SA, the bankruptcy office decided on the private sale of certain assets of the bankruptcy estate to avoid additional liabilities and costs. Complaints against these decisions were filed by the community of bondholders and an individual complainant, which were dismissed in the first instance. Both parties challenged procedural results as well as legal and procedural aspects regarding the execution of the sales.


4A_608/2025: Inadmissibility of the complaint

Summary of the Facts

The Civil Court of Basel-Stadt dismissed a claim for withdrawal on May 23, 2025, did not admit a request for criminal charges, and rejected a request for evidence preservation. The complaint filed by the complainants against this decision was not dealt with by the Cantonal Court of Basel-Stadt on November 19, 2025, due to formal deficiencies. The complainants then filed a complaint with the Federal Court on November 30, 2025.


8C_699/2024: Compensation for helplessness from disability insurance

Summary of the Facts

The complainant, born in 1968, applied on September 28, 2021, for compensation for helplessness from the disability insurance (IV) due to mild helplessness resulting from psychological and somatic impairments. After obtaining a general practitioner report, a multidisciplinary expert opinion, and a home assessment, the cantonal office for disability insurance of the Canton of Vaud denied the requested benefit with a decision on June 27, 2023. The complainant filed a complaint against this decision, which was dismissed by the cantonal court with a judgment on October 22, 2024. With the present complaint to the Federal Court, she requested the granting of compensation for helplessness again.


4A_348/2025: Non-admission of the complaint due to non-payment of the cost advance

Summary of the Facts

The complainant filed a complaint against a decision of the Cantonal Court of Bern from July 2, 2025. He was instructed to pay a cost advance of CHF 800 within a deadline. After missing the deadline, a non-extendable subsequent deadline was set, with the indication that failure to comply would result in non-admission of the appeal. The subsequent deadline also expired without action.


2C_321/2025: Judgment on the release of a notary from professional confidentiality and on free legal aid in the Canton of Bern

Summary of the Facts

After the death of D.B.________, the question arose regarding the release of a notary from professional confidentiality to obtain documents in connection with a criminal procedure. A procedure was conducted before the Directorate for Internal Affairs and Justice of the Canton of Bern. The Administrative Court of the Canton of Bern annulled the rejection order of the Directorate and decided to release the notary from confidentiality. The daughter of the deceased, A.A.________, filed a complaint against the judgment of the Administrative Court and against the refusal to grant free legal aid.


2C_319/2025: Release of notaries from professional confidentiality in connection with an estate

Summary of the Facts

A will of the deceased, created shortly before his death, and the transfer of a significant amount of cash to a notary are the focus of a criminal procedure. The daughter C.B.________, an heir, filed a criminal complaint against her sister A.A.________ and her husband B.A.________. In the course of this, notaries requested to be released from their professional confidentiality regarding the will and certain financial transactions. The Administrative Court of the Canton of Bern partially granted the request of C.B.________, which A.A.________ and B.A.________ appealed to the Federal Court.


9C_616/2025: Inadmissibility of the complaint due to insufficient payment of process cost advance

Summary of the Facts

The interprofessional Neuchâtel compensation fund (CICICAM) demanded from A.________, the managing director of B.________ SA, a compensation payment of CHF 57,865.40 due to unpaid social security contributions by the company for the years 2016 to 2021. The Cantonal Court of Neuchâtel confirmed this demand on October 3, 2025. A.________ filed a complaint against this judgment with the Federal Court, but neither provided the required process cost advance payment nor submitted the required evidence within the specified deadlines.