News

New Federal Court rulings from 17.02.2026

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 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 Lexplorer portal. There you can configure your newsletter, and you will receive the latest rulings tailored to your areas of law.

7B_24/2026: Inadmissibility of the appeal in criminal matters due to insufficient justification

Summary of the Facts

The appellant challenged a previous decision of the Geneva Department of Justice, where the cantonal appellate decision declared her appeal inadmissible. She then filed a criminal appeal with the Federal Court and simultaneously requested free legal assistance. The subject of the proceedings concerned archived criminal records and their sealing, as well as the prohibition of access.

Summary of the Considerations

- **E.1.1:** The appeal to the Federal Court must be sufficiently substantiated according to Art. 42 para. 1 and 2 BGG; in particular, it must be shown how the contested decision violates federal law.
- **E.1.2:** The appellant presented general arguments about archived documents and claimed violations of fundamental rights, without substantively criticizing the cantonal appellate decision according to legal requirements.
- **E.1.3:** Due to insufficient justification, the Federal Court declares the appeal inadmissible under Art. 108 para. 1 lit. b BGG.
- **E.2:** In the absence of prospects for success, the request for free legal assistance under Art. 64 para. 1 and 3 BGG was rejected. The appellant is responsible for the court fees, set at CHF 500, considering her financial situation (Art. 65 para. 2 and Art. 66 para. 1 BGG).

Summary of the Disposition

The Federal Court declared the appeal inadmissible and rejected the request for free legal assistance. In addition, the appellant was ordered to pay court fees of CHF 500.


8C_698/2025: Obligation of the accident insurance

Summary of the Facts

The appellant, a construction worker, suffered an eye injury from mortar dust on June 29, 2018. The accident insurance Suva initially acknowledged its obligation to provide benefits but later denied benefits due to a lack of causal connection between the incident and the ongoing eye complaints. After several appeals and complaints were rejected by various instances, the appellant brought the case to the Federal Court and requested the obligation of Suva to cover medical costs, an eye operation, as well as travel and accommodation costs related to medical assessments.

Summary of the Considerations

The jurisdiction of the Federal Court and the examination of the subject matter are based on the relevant provisions of the BGG (Art. 95 ff. and Art. 106). Findings of fact by the cantonal court are binding unless they are obviously incorrect or violate federal law. The cantonal court did not admit parts of the appeal, particularly regarding the coverage of travel and accommodation costs. The Federal Court concurs with this non-admission and notes that there are no prerequisites for the subject matter for these requests. No formal legal defect was found. Substantively, the court examines the causality between the accident and the claimed eye complaints. Based on a specialist medical report and the available medical records, the Federal Court, like the lower court, concludes that no preponderance of evidence for the causal connection has been provided. Suva was entitled to reevaluate its obligation to provide benefits, particularly based on new medical findings and a lapse of several years after the original potential cost approval. The cantonal court did not violate federal law by denying a claim for benefits due to a lack of causal connection. The request for free legal assistance is denied, as the appeal is considered obviously hopeless.

Summary of the Disposition

The Federal Court denies the appeal and rejects the request for free legal assistance, as the appeal is deemed obviously hopeless. The court costs are imposed on the appellant.


7B_929/2025: Decision regarding the confirmation of an abandonment in a criminal proceeding due to possible mistreatment and sexual assaults

Summary of the Facts

This concerns a criminal proceeding against C.A.________ following allegations made by his ex-wife B.A.________, claiming mistreatment and sexual assaults on their son A.A.________. The allegations were based on the child's statements, observations by the mother, and reports from the pediatrician and psychologist after the child's masturbation. The prosecutor opened the procedure but later announced an abandonment due to insufficient evidence. The child's mother filed a complaint, but this was rejected by the cantonal appellate authority. Now the mother has approached the Federal Court on behalf of the child.

Summary of the Considerations

The Federal Court examines the admissibility of the appeal ex officio. The decision of the lower court was made by the last cantonal instance and concerns a final decision (Art. 90 BGG). The appeal is generally admissible. The presumed victim role of the child and the interest in the integrity harmed by the alleged criminal offense justify an examination of admissibility considering the claims that may arise from civil law. The appellant claims a violation of the right to be heard as well as errors in the evaluation of evidence and refers to a lack of investigations, particularly the refusal of a psychological or neuropsychiatric assessment of the child. The Federal Court concludes that the cantonal instance correctly assessed the abandonment. There was insufficient evidence or clear indications of a crime. The regulations, particularly "in dubio pro duriore," were not violated. A renewed assessment of the child was rightly denied, as the child was not ready for a productive interview by professionals and no relevant statements were made to the authorities. Considering the previous situation, a conviction of the respondent can be regarded as unlikely. The cost regulations and allocation of procedural costs were made according to the rule of losing, without cost reimbursement for the winning party.

Summary of the Disposition

The appeal was dismissed, and the procedural costs were imposed on the appellant, without any party compensation.


2C_207/2025: Judgment on the admissibility of cost reallocations in the context of a public procurement procedure

Summary of the Facts

The University Hospital Zurich conducted an open procurement procedure for the construction work of the project "USZ Campus Mitte 1|2", in which B.________ AG received the contract after several rounds of corrections. A.________ AG, which came in second, filed a complaint against the award decision and requested the exclusion of B.________ AG due to alleged cost reallocations. The Administrative Court of the Canton of Zurich dismissed the complaint, as the reallocations in question would not have influenced the award. A.________ AG subsequently brought a complaint to the Federal Court, which decided on issues of admission, cost reallocations, and the legality of the award.


7B_5/2026: Inadmissibility of the appeal regarding the refusal of release from detention

Summary of the Facts

The cantonal court of the Republic and Canton of Neuchâtel (authority of the lower court) did not admit an appeal from A.________ on December 18, 2025. The appeal was directed against the decision of the court for coercive measures of Littoral and Val-de-Travers from November 25, 2025, which refused the release of A.________ and closed the procedure. The appellant filed an appeal with the Federal Court on December 23, 2025.


8C_243/2025: Rejection of a pension claim by the disability insurance

Summary of the Facts

The appellant A.________, a former truck driver, had submitted several applications for benefits from the disability insurance (IV) due to two accidents in 2000 and 2003, which were partially or wholly rejected. After relocating to the Canton of Zurich, he again contacted the IV office to indicate a deterioration in his health condition. The IV office rejected the renewed application, as it could not find any significant change in his condition. A report from 2023 also did not lead to the recognition of a pension claim. The rejection decision of the IV office and the corresponding judgment of the Social Insurance Court of the Canton of Zurich were confirmed by the Federal Court.


7B_1375/2025: Withdrawal of the appeal and deletion of the proceedings

Summary of the Facts

The appellant A.________ declared on February 6, 2026, the withdrawal of his appeal against a decision of the Criminal Chamber of the Cantonal Court of Fribourg from November 24, 2025. The Federal Court formally acknowledges the withdrawal and orders the removal of the case from the register.


4A_610/2025: Non-admission of the appeal

Summary of the Facts

The appellant was requested by the Cantonal Court of St. Gallen to provide a cost advance of CHF 800 for an appeal procedure. The appellant's request for free legal assistance was rejected by the Cantonal Court on November 20, 2025, and he was asked to make the advance payment again by December 10, 2025. The appellant filed an appeal with the Federal Court on November 26, 2025.


9C_613/2025: Judgment on health insurance obligation

Summary of the Facts

The appellant A.________ requested an exemption from the Swiss health insurance obligation from the relevant social insurance agency of the Canton of Zurich. The Social Insurance Court of the Canton of Zurich dismissed his request, as he is subject to the insurance obligation. A.________ filed an appeal with the Federal Court against this judgment without adequately addressing the considerations of the lower court.


5A_732/2024: Judgment on personality violation by media report

Summary of the Facts

The Swiss Radio and Television Company SRG SSR published a report on its website in which A.________ AG was mentioned by name. A.________ AG objected to parts of the report as violating its personality rights and sued after an unsuccessful mediation process. The Cantonal Court of Glarus found that the report violated the personality rights of A.________ AG and ordered SRG SSR to delete certain passages and publish the judgment. The High Court of the Canton of Glarus rejected the appeal of SRG SSR.


4F_57/2025: Revision request against the judgment of the Swiss Federal Court

Summary of the Facts

The applicant requested the revision of the federal court judgment 4D_165/2025 of October 29, 2025, which did not deal with the appeals against the decisions of the High Court of the Canton of Bern (non-admission and rejection of a request for free legal assistance). Additionally, he requested free legal assistance for the revision procedure.


6B_704/2025: Judgment on appeals regarding professional fraud and other offenses

Summary of the Facts

The appellants (mother and son) were convicted by the Cantonal Court of Lucerne for various offenses, including professional fraud, aiding professional fraud, and copyright violations. They requested the Federal Court to annul the cantonal judgment and remit the case to the lower instance. The Federal Court addressed, in particular, the evaluation of evidence, the determination of penalties, and the confiscation of assets.


2C_444/2025: Revocation of the residence permit and issuance of a residence permit (downgrade)

Summary of the Facts

A.________, a Turkish national with a residence permit in Switzerland since 1991, exhibits significant integration deficits. These manifest in extensive willful indebtedness and a comprehensive criminal record over several years. Despite warnings under foreign law, his situation has not improved. The Office for Migration and Integration of the Canton of Aargau revoked his residence permit while simultaneously issuing a residence permit (downgrade). The Administrative Court of the Canton of Aargau confirmed this decision.


9G_3/2025: Correction decision regarding supplementary benefits to AHV/IV

Summary of the Facts

The applicant A.________ submitted a request for correction regarding the federal court judgment 9C_729/2017 of December 5, 2017. He claimed that there was an accounting error in the hypothetical earned income of his wife, which had impacts on the calculated expenditure surplus and the annual municipal subsidy. The Federal Court reviewed the calculation method and found that no calculation error existed.


7B_73/2026: Inadmissibility of an appeal in criminal matters regarding a psychiatric report

Summary of the Facts

A.________ filed an appeal against the decision of the Chamber of Criminal Appeals of the Cantonal Tribunal of Vaud from November 24, 2025. The lower court rejected an appeal against the order of a psychiatric report by the District Attorney of Nordvaud. The appellant also requested free legal assistance.


2C_342/2025: Proceedings regarding residence permit EU/EFTA due to the death of the appellant dismissed as completed

Summary of the Facts

A.________, a Mongolian national, applied to the Federal Court for an extension of her EU/EFTA residence permit after her application had previously been rejected by the Migration Office of the Canton of Zurich, the Security Directorate of the Canton of Zurich, and the Administrative Court of the Canton of Zurich. A.________ had been separated from her spouse since November 2022, received social assistance for some time, and was last employed part-time. During the pending proceedings before the Federal Court, her health condition deteriorated, and she passed away on October 4, 2025.


7B_51/2026: Inadmissibility of the appeal regarding summons to serve a sentence

Summary of the Facts

A.________ was sentenced by the statutory authorities of the districts U.________ and V.________ to fines totaling CHF 1,100, with a substitute imprisonment of 12 days in case of non-payment. After the fines were not paid, the probation and enforcement services scheduled a date for serving the sentence. The appeal against this decision was rejected by the Directorate of Justice and Internal Affairs. The Administrative Court of the Canton of Zurich dismissed the subsequent appeal and reset the date for serving the sentence. A.________ then filed an appeal with the Federal Court, which was handled in the simplified procedure under Art. 108 para. 1 BGG.


1C_83/2026: Judgment on the adherence to deadlines in an appeal against an extradition decision

Summary of the Facts

The Federal Office of Justice approved the extradition of the Croatian national A.________ to Croatia for prosecution. The Appeals Chamber of the Federal Criminal Court rejected an appeal against this on January 16, 2026. A.________ then filed an appeal with the Federal Court, but this was submitted late.


8C_80/2026: Decision on social assistance and procedural prerequisites

Summary of the Facts

The appellant A.________ filed an appeal against the decision of the Administrative Court of the Canton of Zurich from December 15, 2025, which dismissed her request for super-provisional or precautionary measures regarding her housing situation. The dispute concerned solely precautionary measures based on cantonal law.


2C_34/2026: Inadmissibility of the appeal against the decision of the Civil Court of Basel-Stadt

Summary of the Facts

The appellant A.________ filed a complaint in public law with the Federal Court against the ruling of the Conciliation Authority of the Civil Court of Basel-Stadt from January 7, 2026. The ruling concerned a state liability request and regulated, among other things, the service to the Canton of Basel-Stadt as well as the request for a cost advance. A.________ demanded, among other things, the determination of institutional bias, the determination of a qualified refusal of justice, and the allocation of the matter to a court outside the canton.


8C_155/2025: Determination of the insured income in unemployment insurance

Summary of the Facts

A.________ applied for unemployment compensation after the termination of his employment on December 31, 2022. The unemployment fund of the Canton of Zug set the insured income at CHF 9,917 per month and did not consider the so-called "Retention Payment" of CHF 11,719 per month or the one-time payment "Redundancy Payment" of CHF 78,764 in the calculation. The appeal against the objection decision was dismissed by the Administrative Court of the Canton of Zug. A.________ then filed an appeal with the Federal Court, requesting the remittance of the case for recalculation of the insured income.


2C_531/2025: Judgment regarding disciplinary warning against an ETH student

Summary of the Facts

A.________, a former master's student in Environmental Natural Sciences at ETH Zurich, referred to the study administrator of ETH in an email as a "lying intriguer." As a result, ETH Zurich issued a disciplinary warning, which was confirmed by the ETH complaints commission and the Federal Administrative Court. In an appeal to the Federal Court, A.________ requested a declaration of the nullity of the order, alternatively its revocation and in the second alternative the remittance of the case for reassessment.


2C_594/2025: Judgment on the issuance of a residence permit in family reunification

Summary of the Facts

A.A., a minor Turkish national, applied together with his father B.A. at the Migration Office of the Canton of Zurich for the issuance of a residence permit in family reunification. The application was rejected, as were the cantonal legal remedies. The appellants then filed an appeal in public law with the Federal Court.


9C_386/2024: Liability and damages related to occupational pensions for two insolvent pension funds

Summary of the Facts

The judgment concerns the liability of several actors, including members of the board of trustees, a power of attorney, and the supervisory authority, in connection with the financial collapse of two occupational pension institutions: D.________ LPP (Fondation collective LPP) and D.________O1.________ LPP. Financial irregularities, including improper investments, precarious liquidity, and lack of control, led to the insolvency of both institutions.


Next Post