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New Federal Court rulings from 03.03.2026

Latest Judgments of the Federal Court

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

5A_956/2025: Decision on the Question of the Lack of Subject Matter of a Debt Collection Appeal Due to Account Blocking in Bankruptcy Proceedings

Summary of the Facts

The A.________ GmbH in liquidation appeals against a presidential order of the Cantonal Court of Zug. This court did not entertain its appeal against the opening of bankruptcy and had dismissed its debt collection appeal against an account blocking by the bankruptcy office due to lack of subject matter. The appellant particularly complains of an unlawful and disproportionate account blocking that has prevented the exercise of its rights under Art. 174 SchKG.

Summary of the Considerations

- **E.1:** The Federal Court finds that the lower court did not clearly distinguish between different legal remedies (CPC and Art. 17 SchKG). However, this does not have any legal consequences, as the procedural provisions were not violated. - **E.2:** The appeal relates solely to the dismissal of the debt collection appeal. Other points are not addressed. - **E.2.1:** It is examined whether the appellant has the right to appeal in civil matters. The subject matter is limited to the question of the lack of subject matter. - **E.2.3:** Later submissions that supplement the appeal are late and inadmissible. - **E.2.4:** The Federal Court applies the law ex officio but only addresses sufficiently substantiated objections. A substantive engagement with the lower court is lacking here. - **E.3:** The lower court correctly determined that the appellant had neither credibly demonstrated its solvency nor proven the payment/deposit of the amount. Therefore, the refusal to entertain the appeal was justified. - **E.4:** The lower court rightly recognized that the bankruptcy office is not entitled to lift the imposed account blocking without instruction. The appellant could not assert any relevant violations of rights. - **E.5:** The appeal is not entertained due to insufficient justification.

Summary of the Dispositive

The appeal is not entertained, and the court costs are imposed on the appellant. The judgment will be communicated to the parties involved and the lower court.


5A_155/2026: Judgment on the Appeal Concerning Disqualification Against the Cantonal Court of Aargau

Summary of the Facts

The appellant contested a decision of the Cantonal Court of Aargau dated January 14, 2026, by which a disqualification request against various persons, including Judge Merkofer, was partially dismissed. Specifically, the Cantonal Court had accepted the disqualification against Court President Baumgartner and Clerk Bühler, but not for the other employees of the District Court of Muri. The appellant claimed a violation of various constitutional rights and filed an appeal in civil matters, possibly a subsidiary constitutional complaint, with the Federal Court.

Summary of the Considerations

The Cantonal Court had ordered the disqualification of Court President Baumgartner, but not of Judge Merkofer. The appellant was partially burdened by this, as certain of his submissions were not addressed. Regarding previous proceedings where disqualification arguments were not examined, the Federal Court notes that this is not the subject of the proceedings. The appellant criticized insufficient investigations into the organizational interfaces among the employees of the District Court of Muri. However, the Federal Court found that the appellant had not presented any specific accusations or evidence. Regarding Judge Merkofer, the appellant referred to previous incidents but did not raise any substantial disqualification reasons. The Federal Court saw no apparent connection between a previous oversight by the judge and the current disqualification issue. The appeal did not meet the necessary justification requirements nor did it relate to specific violations of rights. Therefore, the Federal Court did not entertain the appeal in simplified proceedings.

Summary of the Dispositive

The Federal Court did not entertain the appeal and imposed court costs on the appellant. Moreover, the judgment will be communicated to the parties involved and the Cantonal Court.


2C_101/2026: Inadmissibility of an Appeal in Public Law Matters and a Subsidiary Constitutional Complaint

Summary of the Facts

The Syrian nationals A.________ and B.________ entered Switzerland in 2013 and were granted provisional admission in 2014. In the years 2019, 2020, and 2023, they applied for residence permits, which were denied. The legal remedies filed against these decisions were dismissed by the Security Directorate of the Canton of Zurich and the Administrative Court of the Canton of Zurich. Before the Federal Court, A.________ and B.________ requested the annulment of the decision of the lower court and a referral for new consideration.

Summary of the Considerations

The Federal Court outlined the procedural history and stated that the appellants requested the annulment of the Administrative Court's judgment and the referral based on Art. 8 para. 1 ECHR (Protection of Private and Family Life). The appeal in public law matters is excluded because it refers to a permit for which there is no federal or international legal claim. A potential claim was also not presented in a manner that met the justification requirements. Art. 8 ECHR does not grant an obvious claim for a permit. The appellants did not concretely explain how the disadvantages of provisional admission could constitute an interference with private life. A claim based on the protection of family life was also not apparent due to the lack of dependency on adult children. The subsidiary constitutional complaint could also not be entertained. The alleged violations (right to be heard, proportionality) aimed at a material review, which is inadmissible. The appeal turned out to be obviously inadmissible, which is why it could not be entertained in simplified proceedings.

Summary of the Dispositive

The Federal Court did not entertain the appeal, imposed no court costs, and awarded no party compensation.


1C_187/2025: Dismissal of the Appeal

Summary of the Facts

A.________, owner of a condominium share (PPE) on parcel No. 1546 in the municipality of Crans-Montana, noted that the building permits for various buildings erected on the parcel did not obtain the consent of all condominium owners and that the construction did not comply with the original plans. She requested the municipality of Crans-Montana to declare the building permits null and to seek the restoration of lawful conditions. The municipality, the cantonal council, and finally the Cantonal Court of Valais denied jurisdiction or dismissed the requests, as the relevant questions predominantly fall within the realm of private law.


8C_540/2025: Inadmissibility of the Appeal Due to Non-Payment of the Cost Advance

Summary of the Facts

A.________ applied to the Service communal de l'action sociale (SCAS) of the city of La Chaux-de-Fonds for the coverage of two pharmacy bills for the purchase of cannabis flowers. However, the authority did not entertain this request in its decision of April 2, 2024. The subsequent appeal to the Département de l'emploi et de la cohésion sociale (DECS) was dismissed on January 27, 2025, as was the appeal to the Cantonal Court of Neuchâtel on September 10, 2025. A.________ filed an appeal with the Federal Court against this judgment. After a request for free legal aid was denied, A.________ did not pay the required cost advance despite an extension, which is why the Federal Court declared the appeal inadmissible.


1D_19/2025: Dismissal of the Appeal Due to Violation of Official Duties

Summary of the Facts

A.________ had been employed as an operational worker at the Établissements publics pour l'intégration (EPI) of the Canton of Geneva since August 1, 2015. In the context of a procedure regarding the possible permanent loss of work of an employee due to health issues, A.________ refused to provide a psychiatric report to the HR department of the EPI, although the employee had previously waived her medical confidentiality. A.________ was subsequently sanctioned with a blame, which was upheld by all previous instances.


5D_56/2025: Non-Treatment of the Claim Due to Non-Payment of the Cost Advance

Summary of the Facts

The appellant A.________ filed a claim according to Art. 85a SchKG and requested a negative declaration. The District Court of Willisau did not entertain the claim. Subsequently, the Cantonal Court of Lucerne dismissed the appeal and the associated requests of the appellant, as far as it entertained them, and imposed the court costs on him. The appellant then filed an appeal with the Federal Court but missed the deadline for the payment of the cost advance.


5A_1031/2025: Inadmissibility of the Appeal Against Non-Admission

Summary of the Facts

The appellant contests the provisional entry of a statutory lien for outstanding contributions against a condominium owners' association. The District Court of Zurich had approved the request of the condominium owners' association on August 22, 2025. Their appeal against this decision was handled by the Cantonal Court of Zurich, which refused suspensive effect and did not entertain the disqualification requests against the parties involved in the proceedings on October 15, 2025. The appellant filed an appeal with the Federal Court against this non-admission decision.


2C_38/2026: Non-Renewal of Residence Permit After Separation of a Couple

Summary of the Facts

The appellant, a Tunisian national, received a residence permit in 2023 in the Canton of Fribourg as part of family reunification. After several separations, disputes, and allegations of domestic violence against his Swiss spouse, the renewal of his residence permit was denied. This decision was confirmed by the cantonal court, after which the appellant filed an appeal with the Federal Court.


5A_952/2025: Judgment on the Appeal Against the Opening of Bankruptcy

Summary of the Facts

The A.________ GmbH was declared bankrupt by decision of the single judge at the Cantonal Court of Zug on October 14, 2025. The appeal of A.________ GmbH against this decision was not addressed by the Cantonal Court of Zug, as it did not meet the requirements (including no proof of solvency). The company then turned to the Federal Court and requested the annulment of the Cantonal Court's decision.


7B_1313/2025: Non-Admission of an Appeal Related to a Non-Commencement Order

Summary of the Facts

The appellant A.________ filed an appeal with the Federal Court against a decision of the Cantonal Court of Zurich, which required him to provide security in an appeal procedure. This procedure was intended to challenge a non-commencement order of the Public Prosecutor's Office of Winterthur/Unterland.


9C_540/2025: Obligation to Pay Administrative Costs in a Claim Arising from a Performance Billing Dispute

Summary of the Facts

The appellant A.________ was insured with Assura-Basis SA for mandatory health insurance. The subject of the dispute is the obligation to pay administrative costs of 30 francs in connection with a claim of 20.05 francs from a performance billing dispute. After the cantonal court dismissed A.________'s appeal, she turned to the Federal Court and requested the annulment of the cantonal decision regarding the administrative costs.


6B_513/2025: Decision on the Challenge of a Judgment Concerning Multiple Sexual Offenses, Inpatient Therapeutic Measures, and Deportation

Summary of the Facts

The appellant was convicted of multiple sexual acts with children (including a 15-year-old in a hotel room and another 15-year-old at a bus stop), sexual coercion, and defilement. The lower courts sentenced him to a prison term of 20 months, ordered an inpatient measure under Art. 59 StGB, and pronounced a deportation for eight years. The appellant seeks acquittals, the waiver of the measure and deportation, and the dismissal of civil claims.


6B_269/2025: Dismissal of the Revision Request Due to New Evidence

Summary of the Facts

A.________ was convicted by the District Court of Gruyère on April 13, 2022, of murdering the daughter (D.C.________) of her partner and sentenced to life imprisonment. The judgment was confirmed by the Cantonal Court of Fribourg (June 13, 2023) and later by the Federal Court (January 24, 2024). On April 18, 2024, A.________ filed a revision request with the Criminal Appeals Chamber, claiming that the initiation of criminal proceedings against the child's father (C.C.________) provided new evidence that could exonerate her. The Criminal Appeals Chamber of the Canton of Fribourg dismissed the request on February 10, 2025. A.________ filed an appeal against this decision, which is the subject of the present Federal Court ruling.


9C_96/2025: Liability of the Organs of a Legal Entity According to Art. 52 AHVG

Summary of the Facts

A.________, former director and previously sole board member of B.________ SA (formerly C.________ SA), was requested to pay CHF 124,456.40 after the company was declared bankrupt. This amount corresponds to unpaid social security contributions for the years 2018/2019. The lower court, the Cantonal Social Insurance Court of Vaud, confirmed A.________'s liability according to Art. 52 AHVG.


2C_57/2026: Non-Admission Due to Withdrawal of the Appeal

Summary of the Facts

A.________ filed an appeal against a decision of the Cantonal Court of Fribourg, which had confirmed that the police were authorized to charge a bill from a locksmith, whom A.________'s wife had called to open the joint apartment door, jointly to A.________ and his wife.


1C_466/2025: Building Permit for Three-Family House

Summary of the Facts

The A.________ AG submitted a building application for the demolition of an existing residential building and the construction of a three-family house in Oberrohrdorf after several attempts. The municipal council of Oberrohrdorf rejected the application on the grounds that it lacked integration into the local, neighborhood, and street layout according to the provisions of the building and zoning regulations. The cantonal authorities also dismissed the appeals against this decision. The appellants particularly complained of a violation of the right to be heard and insufficient factual clarification, as neither an inspection was conducted nor a neutral report was obtained.


9C_539/2025: Dismissal of the Appeal Against the Final Debt Enforcement

Summary of the Facts

The appellant A.________ was insured with Assura-Basis SA (Assura) for mandatory health insurance. She terminated the insurance contract as of December 31, 2023, but the termination was not effective due to outstanding premiums and cost contributions. Assura initiated a debt collection procedure, and the lower court confirmed the final debt enforcement for an amount of CHF 3,611.65. The appellant contested, among other things, the costs associated with the enforcement as well as the refusal of free legal aid.


2F_1/2026: Inadmissibility of the Revision Request Concerning EU/EFTA Residence Permit and Deportation

Summary of the Facts

The applicant, an Italian national of Tunisian descent, requested the revision of the Federal Court judgment of January 12, 2026 (2C_732/2025). In this non-admission decision, the court did not entertain his appeal against the dismissal of his application for extension of an EU/EFTA residence permit and the associated deportation. The applicant raised new facts in the revision procedure, which, however, were not recognized as relevant for revision.


8C_354/2025: Judgment on the Rejection of Supplementary Benefits and Free Legal Representation in the Objection Procedure

Summary of the Facts

A complainant born in 1974 applied for supplementary benefits (EL) to the IV pension for the fifth time in November 2023. This application was rejected due to exceeding the asset threshold of CHF 100,000. The request for free legal representation in the objection procedure was also denied. The lower court, the Insurance Court of the Canton of St. Gallen, dismissed his appeal.


6B_22/2025: Negligent Simple Bodily Injury in Traffic

Summary of the Facts

The appellant A.________ was convicted by the Police Court of the Canton of Geneva for negligent simple bodily injury in connection with a traffic accident on January 19, 2021. This judgment was largely confirmed by the Appeals Chamber. A.________ brought the case before the Federal Court, seeking acquittal and the dismissal of the civil claims of the opposing party B.________.


2C_10/2026: Inadmissibility of the Appeal Concerning Residence Permit and Procedural Issues

Summary of the Facts

A.________, a Tunisian national, held a residence permit for study purposes until January 31, 2024. He applied for an extension of his residence permit for the purpose of employment, as well as a permit due to an individual hardship case, which was denied by the cantonal security directorate of the Canton of Bern on September 5, 2025. The appeal submitted against this decision was declared inadmissible by the Administrative Court of the Canton of Bern on December 1, 2025, due to non-payment of the requested process cost advance. A.________ subsequently filed an appeal with the Federal Court, which was also declared inadmissible by its judgment of January 28, 2026.


1C_101/2026: Decision on Public Personnel Law and Eligibility Requirements for Temporary Positions in the Canton of Zurich

Summary of the Facts

The appellant (born 1954) had been regularly working as a temporary teacher in Zurich primary schools since 2009. After a physical altercation with a student in 2019 and a subsequent penal order in 2021, her suitability as a teacher was reviewed by the primary school office. Due to the incident and her age (71 years), she was permanently denied access to further temporary positions. The Education Directorate and later the Administrative Court of the Canton of Zurich confirmed this decision. The appellant filed an appeal against the decision of the Administrative Court to the Federal Court.


2C_665/2025: Inadmissibility of the Appeal Against Separate Special Education

Summary of the Facts

A.________, a child born in 2013 with Down syndrome, was educated in an integrative special education setting in a regular school until 2025. Due to a continuously high need for support and the stability of his educational integration, the responsible school management requested a separate special education, which was later ordered by the responsible cantonal authorities. Against this order and the denied precautionary measures, the appellant filed an appeal through his parents.


1C_381/2025: Refusal of a Building Permit for a Multi-Family House in Residential Zone W2

Summary of the Facts

The appellants A.________ and B.________ requested to replace an existing single-family house in residential zone W2 with a multi-family house. The building permit was denied by the municipal authority due to a lack of zoning conformity. Both the cantonal council and the Administrative Court of the Canton of Schwyz confirmed the decision. The appellants filed an appeal in public law matters with the Federal Court.


2C_12/2026: Inadmissibility of the Appeal Due to Lack of Marriage Plans

Summary of the Facts

A.________, a national of Mongolia, had been unlawfully residing in Switzerland since 2017 and had been repeatedly convicted of illegal residence and other offenses. After his release from prison and subsequent detention, his detention in administrative custody was ordered in December 2025 to facilitate his deportation procedure. Despite the claimed intention to marry his fiancée, he was returned to Mongolia on January 12, 2026, after which the case was effectively closed for A.________.


2C_619/2025: Inadmissibility of the Appeal Against the Revocation of Taxi Licenses

Summary of the Facts

A.________, a self-employed taxi driver in the city of Biel since 2003, had his taxi licenses revoked on May 14, 2025, due to criminal convictions, including violations of the Federal Law on Weapons (LArm) and the Narcotics Act (LStup). The appeal against this decision was deprived of suspensive effect. The driver requested the restoration of the suspensive effect, which was initially denied by the deputy prefect in Biel and subsequently by the Administrative Court of the Canton of Bern.


5A_1029/2025: Judgment on the Suspensive Effect in a Statutory Lien in Condominium Ownership

Summary of the Facts

The appellant is involved in long-standing disputes with the condominium owners' association. The association requested the registration of a statutory lien to secure outstanding contributions. The District Court of Zurich approved this, and the appellant appealed against it. The Cantonal Court of Zurich refused the suspensive effect of the appeal. The appellant filed a 66-page appeal with the Federal Court, in which she also requested the declaration of nullity of the cantonal decision.


1C_298/2024: Judgment on a Building Application

Summary of the Facts

The C.________ AG submitted a building application in 2019 for various new constructions on parcels in Arlesheim, which requires the demolition of the "Haus Kaelin" and the felling of trees. Neighbors A.________ and B.________ contested the project, first at the building inspection, then before the building appeal commission and the Cantonal Court of Basel-Landschaft, both of which dismissed their appeals. The appeal to the Federal Court was directed against the judgment of the Cantonal Court, particularly regarding issues of heritage protection, nature conservation, and the right to be heard.


2C_62/2026: Non-Admission of the Appeal

Summary of the Facts

The appellant A.________ requested the Lawyers' Commission of the Canton of Fribourg to initiate disciplinary proceedings against lawyer B.________. This decision was made on November 17, 2025, not to initiate disciplinary proceedings. A.________ filed an appeal against this notification on December 17, 2025, with the Cantonal Court of Fribourg, I. Administrative Court, which was declared inadmissible on December 22, 2025 (delivered on December 30, 2025). This was justified by the fact that the appellant, as the person reporting the case, was not a party in the disciplinary proceedings and thus had no standing to appeal.


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