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New Federal Court rulings from 27.02.2026

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 dispositional statements. 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.

7B_1256/2025: Rejection of a request for the recusal of a public prosecutor

Summary of the Facts

The A.________ Sàrl filed a complaint with the Federal Court after the cantonal authority of Neuchâtel rejected its request for the recusal of prosecutor Jean-Paul Ros in October 2025. The reason for the request was the perception of possible bias by the prosecutor, who had previously stated that the alleged crime reported by A.________ Sàrl should be assessed under civil law and that the results of the civil proceedings should be awaited before continuing the criminal investigation.

Summary of the Considerations

The Federal Court found that the complaint was validly filed regarding the rejection of the recusal. However, new demands from the complainant, particularly the annulment of all acts of the prosecutor, were deemed inadmissible (newly). The prosecutor's decision on procedural conduct was legally reviewed. In particular, it was found that statements made by the prosecutor in his briefs ('at the time of the suspension order, the reported actions obviously did not meet the conditions for fraud') appeared clear, but should be relativized in the context of his arguments. The moment of the suspension was considered a decisive factor for interpretation. Objectively, no bias or the appearance of prevention by the prosecutor was established. The suspension of the proceedings was not viewed as an unfair or inadmissible approach, but rather as a permissible procedural decision. Statements by the prosecutor cannot be interpreted as opinions on the material outcome, but rather attributed to his investigative processes. It was concluded that the prosecutor was not biased and there was no right to his recusal.

Summary of the Dispositional Statement

The complaint was dismissed, and the court costs of 3,000 CHF were imposed on the complainant, without any party compensation awarded.


2C_42/2026: Denial of a cross-border commuter permit under the FZA

Summary of the Facts

The complainant, a German national, applied for a cross-border commuter permit (EU/EFTA) after the cantonal authorities revoked his residence permit in 2017. The application was rejected by the cantonal foreigners' authority, the cantonal council of Ticino, and finally by the administrative court of the canton of Ticino, particularly citing repeated criminal convictions of the complainant, which posed a threat to public order. The case was eventually submitted to the Federal Court for a decision.

Summary of the Considerations

The Federal Court first examines whether the complaint is admissible. Since the complainant, as an EU citizen, falls under the Free Movement Agreement (FZA), the legal remedy is admissible. The Federal Court states that it applies federal law ex officio (Art. 106 para. 1 BGG), and the factual findings of the lower instance can only be corrected if they are obviously incorrect or violate the law (Art. 105 para. 1 and 2 BGG). The complainant's arguments only partially meet the justification requirements. The court confirms that the complaint is fundamentally based on the free movement rights for EU/EFTA cross-border commuters, but restrictions are possible if reasons of public order, security, or health are affected (Art. 5 para. 1 Appendix I FZA). The complainant does not meet these requirements, as the repeated criminal convictions represent a sufficiently serious and current threat to public order. The lower instance correctly established that the permit is excluded under national law due to repeated convictions. In particular, the conviction for attempted intentional homicide in 2016, together with other violations (including traffic and drug offenses), necessitates the denial of the permit. The complainant's objection that there is no current threat is dismissed. The continuity of violations, even during the ongoing proceedings, indicates a persistent threat to public order. With regard to proportionality (Art. 96 AIG), the court notes that the complainant resides in Italy and the rejection of the permit does not lead to a change of residence or significantly impair his private relationships. There are also alternative professional opportunities, particularly in Italy or Germany.

Summary of the Dispositional Statement

The complainant's complaint was dismissed, and he was ordered to pay the court costs.


7B_1285/2025: Judgment regarding non-admission and non-consideration

Summary of the Facts

The complainant filed two separate criminal complaints against various institutions and individuals, which the competent prosecutor did not consider. Complaints to the Higher Court of the Canton of Zurich were also not considered. The complainant then filed a complaint with the Federal Court.

Summary of the Considerations

The complaints concern two separate cantonal proceedings, which, due to their connection, are consolidated. It is noted that the statutory requirement for justification of the complaint according to Art. 42 para. 1 and 2 BGG was not met, as there is no sufficient engagement with the contested decisions. Moreover, the qualified justification requirements for the allegation of violations of fundamental rights were not fulfilled, thus the complaints cannot be considered. The decision UE250275 pointed to the failure to provide a process deposit, which constitutes a process prerequisite. The complainant did not raise any substantial objections in this regard nor did he submit a request for free legal assistance. In decision UE250276, the lower instance stated that no criminal behavior was apparent and that the mentioned school concerns did not fall within the jurisdiction of the prosecution authorities. The complainant only provided general opinions without substantively challenging the decision. In both cases, the complaints cannot be considered due to insufficient justification.

Summary of the Dispositional Statement

The complaints were not addressed, and the complainant must pay court costs. Furthermore, the proceedings were consolidated.


4D_12/2026: Inadmissibility of the complaint regarding definitive enforcement

Summary of the Facts

The complainant filed a complaint with the Federal Court against a decision of the Higher Court of the Canton of Zurich dated November 27, 2025, which dismissed his complaint against a decision on enforcement. Moreover, the Higher Court had not granted his request for free legal assistance.


1C_383/2025: Election results of the municipality of Vernier

Summary of the Facts

The complainant, a citizen of the municipality of Vernier, challenged the results of the second round of elections for the municipal council (Conseil administratif) of the municipality of Vernier, which took place on April 13, 2025. He requested the annulment of the election results and the conduct of a new round of elections, citing alleged irregularities in the distribution of election materials. The lower instance, the constitutional chamber of the Geneva Cantonal Court, dismissed the complaint and recognized the election results as lawful.


7B_1385/2025: Inadmissibility of the complaint

Summary of the Facts

The complainant (A.________) filed a complaint against a decision of the Chamber of Criminal Appeals of the Court of Justice of the Republic and Canton of Geneva dated November 17, 2025, which dismissed her motions for recusal against a judge (Patrick Monney). The complainant particularly contests the alleged impartiality of the judge due to an alleged procedural flaw (absence of the prosecutor at a hearing).


4D_16/2026: Judgment regarding definitive enforcement

Summary of the Facts

The complainant filed a complaint with the Federal Court against a decision of the Higher Court of the Canton of Zurich, which had dismissed the complaint against a decision on enforcement of the District Court of Dietikon and rejected the request for free legal assistance.


6B_73/2026: Inadmissibility of the complaint

Summary of the Facts

The complainant (A.________) filed a complaint against a judgment of the Cantonal Court of Valais, I. Criminal Chamber, dated December 23, 2025, in which he was convicted, among other things, for commercial fraud, embezzlement, skipping out on paying a bill, violation of accounting obligations, and driving without liability insurance to a partially conditional additional prison sentence of 16 months. The complaint targeted the alleged violation of the right to be heard, arbitrariness in the assessment of evidence, and violations of federal law.


2F_3/2026: Revision of a Federal Court judgment regarding the extension of the residence permit (EU/EFTA)

Summary of the Facts

A.________ requested the revision of the Federal Court judgment 2C_504/2025 from September 19, 2025, which had not considered his complaint regarding the extension of the residence permit EU/EFTA. In the revision request, A.________ relied on various grounds for revision according to Articles 121 and 123 BGG, including allegedly unconsidered facts and newly presented evidence.


4A_672/2025: Decision on non-consideration of a complaint in the context of a purchase contract

Summary of the Facts

The complainant, A.________ GmbH, filed a complaint against a decision of the Appellate Court of Basel-Stadt, which did not consider her appeal due to a lack of timely cost deposit. In the lower instance, a request for free legal assistance from the complainant was also denied.


4A_379/2025: Court decision regarding compensation and agreement on company transfer

Summary of the Facts

An employee had been employed as a tiler at A.________ SA since 2008. In 2019, he was orally offered the takeover of the company. In this context, he received a salary increase and an additional compensation (bonus), which were, however, conditional and flowed into an account of the managing director. The agreement on the takeover was not documented in writing and remained disputed. The employee resigned in 2022 after it became known that the employer did not want to pursue the company transfer in favor of the managing director's daughter. Thereafter, the employee demanded the payment of withheld bonuses totaling CHF 49,500.


4A_18/2026: Non-consideration of the complaint

Summary of the Facts

The respondent demanded from the complainant an amount of gross CHF 25,652.55 from an employment law dispute. The Cantonal Court of Zug upheld the claim due to the complainant's failure to submit a response in due time. A request from the complainant for restoration of the deadline was denied. The complainant then filed an appeal with the Higher Court of the Canton of Zug, which did not consider the appeal. The complainant filed a complaint with the Federal Court.


4A_35/2026: Withdrawal of the complaint and court costs

Summary of the Facts

A.________ SA filed a complaint against a decision of the Civil Appeals Chamber of the Cantonal Court of Vaud dated November 20, 2025. The subject of the complaint was a request for security for party costs. On February 12, 2026, the complainant withdrew the complaint through her legal representative.


4A_204/2025: Dispute over a purchase contract for company shares

Summary of the Facts

The judgment concerns a dispute between A.________ SA (defendant and complainant) and B.________ (plaintiff and respondent) based on a purchase contract for company shares. The question was whether the assets of the circulating assets of the sold company belonged to the purchase price or remained the property of the seller. The lower instances had established that the circulating assets belonged to the seller according to the contractual interpretation of the seller.


1C_63/2026: Procedural costs in construction police proceedings

Summary of the Facts

A.________, the owner of a property in the city of Maienfeld, was confronted with procedural costs from a construction police procedure. A.________ filed a complaint against the corresponding decision of the City Council of Maienfeld dated May 6, 2024, and the subsequent judgment of the Higher Court of Grisons dated December 16, 2025, regarding the cost regulation.


1C_41/2026: Inadmissibility of the complaint regarding access to information

Summary of the Facts

The complainant requested the release of a cost coverage request from 2018 as well as answers to related questions. The City Council of Winterthur rejected the request, and the Administrative Court of the Canton of Zurich dismissed a complaint against it. The complainant then turned to the Federal Court.


7B_254/2025: Unsealing a mobile phone in criminal proceedings

Summary of the Facts

The Public Prosecutor's Office I of the Canton of Zurich is conducting a criminal proceeding against A.________ for attempted intentional homicide and other offenses. In the course of the proceedings, the defendant's mobile phone was seized. The Public Prosecutor's Office requested the unsealing of the device from the coercive measures court. This ordered the triage and separation of data protected by attorney-client privilege and approved the unsealing request regarding the cleansed data.


7F_56/2025: Request for revision regarding a Federal Court judgment

Summary of the Facts

The applicant A.________ requested the revision of the Federal Court judgment 7B_1189/2025 dated November 24, 2025. The original judgment was a decision not to consider due to an obvious lack of justification in the complaint.


8C_371/2025: Refund of social assistance benefits

Summary of the Facts

The complainant, a Swiss citizen, received social assistance benefits from December 2008 to January 2025. Due to suspicions that she had been living in Italy since February 2020, the relevant social services of the Canton of Ticino demanded the repayment of CHF 99,265.25 (for the period from February 2020 to December 2023). Additionally, she was imposed a sanction of CHF 300.- for failing to report the relocation. The cantonal insurance court dismissed her complaint against the administrative decisions.


4A_327/2025: Reduction of compensation: Constitutional predisposition and contributory negligence of a third party

Summary of the Facts

A traffic accident involving a scuffle on the A2 highway led to injuries to the passenger and a subsequent civil lawsuit for compensation. The complainant claimed compensation of CHF 30,000 based on the psychological consequences of the accident. The lower instances reduced the amount due to a constitutional predisposition of the injured party and contributory negligence of her husband. The reduction of the compensation was now reviewed by the Federal Court.


2C_25/2026: Judgment on non-consideration compensation regarding electricity bills and electricity disconnection in an apartment

Summary of the Facts

A.________ was obliged by the Energy Service Biel/Bienne (ESB) to settle outstanding electricity bills, with reminder fees of CHF 30.– approved, but the complaint was dismissed on the main point. After a dismissal of the complaint by the Administrative Court of the Canton of Bern, she challenged the decision before the Federal Court.


6B_908/2025: Dismissal of the complaint

Summary of the Facts

A.________ was partially acquitted and partially convicted by the District Court of Saane for, among other things, simple bodily injury, threats, attempted threats, rape, and other offenses. On appeal, this judgment was confirmed by the Cantonal Court of Fribourg. A.________ filed a complaint with the Federal Court, requesting his acquittal from rape and other offenses, a milder sentence, and the partial waiver of civil claims and procedural costs.


7B_159/2026: Inadmissibility of the complaint

Summary of the Facts

The complainant A.________ filed a complaint against a judgment of the Chamber of Criminal Appeals of the Court of Justice of the Canton of Geneva dated January 7, 2026, which had dismissed his request for a waiver of procedural costs. The findings contained therein were based on a decision of the Criminal Court of the Canton of Geneva dated November 19, 2025, in which the complainant was attributed financial means amounting to a monthly surplus of CHF 622.30.


4G_1/2025: Request for clarification and correction

Summary of the Facts

The applicant submitted a request for clarification and correction against the judgment of the Federal Court 4D_221/2025 dated November 27, 2025. He contested that the allocation of costs in dispositional paragraph 2 of the judgment was unclear and requested a clarification or, if necessary, a correction, as he could not follow the assessment bases of the court costs in the judgment.


7B_156/2026: Judgment on a request for postponement in a criminal case

Summary of the Facts

A.________ was imposed a conditional monetary penalty of 120 daily rates by a penalty order of the Federal Prosecutor's Office dated December 3, 2025, for money laundering. After timely objection and referral of the case to the Federal Criminal Court, the dates for the main hearing were set. A.________ submitted a request for suspension and a request for postponement for the main hearing. The Federal Criminal Court denied both requests. A.________ subsequently submitted a complaint to the Federal Court and requested the postponement of the main hearing.


4A_74/2026: Non-consideration of the complaint and rejection of the request for free legal assistance

Summary of the Facts

The complainant concluded a rental contract for an apartment in 2017, which was terminated by the landlord in 2023. She sued the District Court of Hochdorf for invalidation of the termination, alternatively for extension of the rental relationship, and applied for free legal assistance, which was denied. The District Court dismissed her claim and ordered the eviction of the apartment. The Cantonal Court of Lucerne did not consider her appeal, which is why she filed a complaint with the Federal Court.


6B_20/2026: Inadmissibility of the complaint against the sanction for a serious violation of traffic rules

Summary of the Facts

The subject of the proceedings is a complaint against the decision of the Criminal Appeals Chamber of the Cantonal Court of Fribourg dated December 1, 2025. This had confirmed the first-instance judgment, with which the complainant had been convicted for a serious violation of traffic rules (Art. 90 para. 2 SVG). The sanction included 20 daily rates of CHF 30 (conditionally for 2 years) and a fine of CHF 300 (substitute custodial sentence of 3 days). According to the lower instance, the complainant did not pay attention to the pedestrian crossing, although an elderly person who was already on it was endangered.


2C_56/2026: General prohibition on keeping animals

Summary of the Facts

The Veterinary Office of the Canton of Basel-Landschaft issued orders against A.A., B.A., and C.A. in 2021 and 2022 due to deficiencies in dog keeping. After a control in 2024 revealed further deficiencies, a general prohibition on keeping animals was imposed. This was confirmed by the relevant cantonal authorities and the Cantonal Court. The complainants requested the Federal Court to lift the ban, particularly citing a changed living situation.


2C_219/2025: Judgment on the granting of a residence permit within the framework of family reunification

Summary of the Facts

An Albanian national (born 1993) was sentenced in Albania for "aiding offenders" to a two-year prison sentence. After entering Switzerland, he applied for asylum, which was rejected. After marrying a Swiss citizen, he applied for a residence permit under family reunification, which was denied by the cantonal authorities and lower instances. With a complaint in public law matters, he requested the Federal Court to annul these decisions.


6B_982/2025: Non-consideration of the complaint due to insufficient justification

Summary of the Facts

A.________ was convicted by the Cantonal Court of Jura, Criminal Chamber, with a judgment dated November 18, 2025, for a traffic regulation violation (excessive speeding of 32 km/h on the highway) to a fine of CHF 600 (substitute custodial sentence of 6 days) and cost consequences.


6B_974/2025: Inadmissibility of a complaint due to insufficient justification in a criminal case

Summary of the Facts

The complainant A.________ filed a complaint against a judgment of the Criminal Court II of the Cantonal Court of Valais dated November 11, 2025. This judgment provided for a partial approval of his original appeal request, established a violation of the acceleration requirement, and sentenced him to a prison sentence of 30 months (of which 18 months conditionally for 4 years) for, among other things, sexual acts with children and attempted similar acts. Moreover, further measures were ordered, including expulsion for 5 years, a prohibition on contact with minors for 10 years, and an obligation to pay CHF 8,000 to the victim B.________.


7B_163/2026: Inadmissibility of the complaint

Summary of the Facts

A.________ and the company D.________ Sàrl have filed a complaint with the Federal Court against the decision of the Central Office of the Public Prosecutor of the Canton of Valais dated January 13, 2026. This had dismissed a request for the recusal of inspectors B.________ and C.________, insofar as it was admissible.


4A_357/2025: Dismissal of the complaint in insurance law matter

Summary of the Facts

A.________ entered into a comprehensive insurance policy with B.________ SA for his vehicle. After an alleged theft of the vehicle in Italy (June 27, 2020), the insurance refused coverage, among other reasons, based on technical investigations confirming the presence of a third key for the vehicle. Subsequently, A.________ unsuccessfully sued before the District Court of Lugano, which dismissed the claim. The appeal against this decision was also dismissed by the Cantonal Court of the Canton of Ticino. Another legal remedy ultimately brought A.________ to the Federal Court.


6B_1009/2025: Inadmissibility of the complaint due to lack of justification

Summary of the Facts

The Cantonal Court of Aargau convicted the complainant on November 12, 2025, of fraud and imposed a conditional fine of 120 daily rates of CHF 30 each, as well as a connection fine of CHF 700. Additionally, the complainant was required to pay the private plaintiff CHF 7,000 in damages plus interest. The complainant filed a complaint against this judgment and requested his acquittal or the referral of the matter to the lower instance, but did not provide sufficient justification within the legally prescribed deadline.


7B_786/2025: Decision on the suspension of a criminal proceeding due to alleged misrepresentation of working hours

Summary of the Facts

The company A.________ Sàrl filed a criminal complaint against its former employee B.________, who is accused of committing time fraud by not recording absences and manipulating working hours in the system, resulting in damage of CHF 7,511.60. Additionally, the company incurred costs for an internal investigation amounting to CHF 4,892.40. In parallel, B.________ claimed outstanding salary payments from the company in a civil dispute in a similar amount. The criminal proceedings were suspended by the prosecutor until the civil matter is resolved.


5A_706/2024: Dismissal of the complaints in the matter of liens

Summary of the Facts

A bank granted a Liechtenstein foundation (G.________) a loan of CHF 4,650,000 in 2005, secured by a lien agreement. This occurred in connection with an account (xxx) of a wealthy client (deceased in 2006). After her death, there were disputes between the heirs and the bank regarding the liens and the succession of the loan. An additional lien agreement was concluded by an heir in 2009. It was disputed whether the second lien agreement replaced or supplemented the first.


4A_20/2026: Review of decisions of the Cantonal Court of Zug

Summary of the Facts

The respondent demanded the payment of five monthly salaries minus paid amounts as well as interest. The Cantonal Court of Zug upheld the claim due to the complainant's default. A request for restoration of the deadline and a challenge to the decisions were each denied by the lower instances or deemed late.


6B_389/2024: Judgment on several criminal accusations

Summary of the Facts

The judgment deals with the judgments of two separate complaints (6B_389/2024 and 6B_391/2024), which were consolidated, concerning several criminal accusations against A.________ and K.________. A.________ was acting as the de facto managing director of two companies (M.M.________ SA and N.M._______ SA) involved in fraudulent activities, including commercial fraud, damaging creditors' assets, falsification of documents, violation of accounting obligations, AHV offenses, and inadequate business conduct. K.________ was concurrently serving as a board member of N.M._______ SA and was held accountable for violating accounting obligations. The lower instance had partially convicted A.________ and K.________, imposing a conditional prison sentence of 20 months on A.________. Both filed complaints.


4F_63/2025: Judgment regarding a request for revision

Summary of the Facts

The A.________ GmbH filed a request for revision against the judgment 4D_147/2025 dated October 1, 2025, with the Federal Court. The original judgment related to a decision not to consider the complaint due to insufficient legal justification. In the current revision procedure, A.________ GmbH also requested the granting of free legal assistance.


2C_22/2026: Granting of a cross-border commuter permit EU/EFTA

Summary of the Facts

An Italian citizen applied for a cross-border commuter permit EU/EFTA for self-employment in Switzerland. This was denied citing public order reasons, as the applicant had been repeatedly convicted of crimes in both Italy and Switzerland. Subsequently, the cantonal council of the Canton of Ticino joined the assessment of the competent cantonal authorities. The Administrative Court of the Canton of Ticino also dismissed the applicant's complaint. The case was eventually brought before the Federal Court for review.


4A_428/2025: Judgment on household damage

Summary of the Facts

In June 2016, there was a physical altercation between the plaintiff and the defendant, during which the defendant kicked the plaintiff in the right knee. A subtotal rupture of the anterior cruciate ligament and other knee injuries were diagnosed. The plaintiff underwent several surgeries until 2018 and showed lasting complaints. She sought compensation for household damage and future restrictions on her ability to work. The lower instances awarded her reduced compensation.


2C_684/2025: Recusal request against a cantonal judge

Summary of the Facts

The complainant A.________ submitted a recusal request against the cantonal judge B.________ of the Cantonal Court of Lucerne. The background was a decision dated May 8, 2025, in which the complainant's request for free legal assistance was denied. The complainant alleged the bias of the judge and requested that the proceedings be transferred to another judge. The Cantonal Court of Lucerne dismissed the recusal request, upon which A.________ filed a complaint with the Federal Court.


7B_214/2025: Termination of the criminal proceedings and recusal request – Complaints in proceedings 7B_214/2025 and 7B_429/2025

Summary of the Facts

A.A.________ filed a criminal complaint against B.________ (respondent 2) for rape, sexual coercion, and defilement. The Public Prosecutor's Office of the Canton of Schaffhausen terminated the criminal proceedings. The Higher Court of the Canton of Schaffhausen dismissed a complaint from A.A.________. A.A.________ later also requested the recusal of the Chief Public Prosecutor (respondent 3), which was also denied by the Higher Court. Thereafter, A.A.________ filed complaints in criminal matters (7B_214/2025 and 7B_429/2025) with the Federal Court.


9C_61/2026: Inadmissibility of the complaint regarding cost advance

Summary of the Facts

The complainant A.B.________ challenged an interim decision of the Federal Administrative Court, which required her to provide a cost advance of CHF 1,000.- by December 23, 2025. She filed a complaint with the Federal Court and requested that the Federal Administrative Court must correctly list her as "B.A.________ (Last name, First name)". Furthermore, she requested the determination that the cost advance was paid on time.


6B_9/2026: Non-consideration of the complaint

Summary of the Facts

The complainant, A.________, filed a complaint with the Federal Court against a decision of the Criminal Appeals Chamber of the Cantonal Court of Fribourg dated December 22, 2025, which did not consider his request for revision regarding an earlier judgment from June 6, 2025. This judgment confirmed a conviction for coercion, sexual coercion, rape, and unauthorized access to a computer system to 3 years of imprisonment (2 years of which conditionally). The lower instance justified its decision by the failure to meet the requirements for a revision according to Art. 410 para. 1 lit. a StPO. The complainant requested the annulment of the decision and the granting of free legal assistance.


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