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New Federal Court rulings from 16.03.2026

Latest Rulings of the Federal Court

Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositions. For the further rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your areas of law.

2C_461/2025: Decision on the Non-Renewal of a Residence Permit of a Foreign National

Summary of the Facts

The Egyptian national A.________ has been residing in Switzerland since 2004 after marrying an Italian woman. Following the divorce, he received multiple extensions of his residence permit due to post-marital hardship. He received social assistance amounting to around 250,000 francs until April 2024 and was repeatedly warned about the immigration law consequences of continued social assistance receipt since 2009. The Migration Office of Zurich refused to extend the residence permit in 2024; the cantonal appeals were unsuccessful.

Summary of the Considerations

The appeal in matters of public law was considered admissible, especially since the appellant refers to long-term residence and Art. 8 ECHR. The Federal Court reviews federal law freely and requires a detailed justification for violations of fundamental rights. The revocation of the permit is justified based on Art. 62 para. 1 lit. e AIG, as there is a significant and ongoing dependence on social assistance. Reasons such as long-term residence and the age of the appellant with economic and health difficulties were examined in detail; the return to Egypt was deemed reasonable considering the social and cultural circumstances. The lower court rightly criticized the rejection of the request for free legal assistance. The appeal is classified as unfounded and rejected.

Summary of the Disposition

The appeal and the request for free legal assistance were rejected. Additionally, court costs were imposed.


2F_2/2026: No Admission of a Request for Review Regarding Airworthiness

Summary of the Facts

The applicant, a former flight attendant, disputes the refusal of airworthiness by the Aeromedical Examiner as well as the course of the subsequent procedures. Lower courts had rejected her appeals and requests for review. With a renewed request for review, she seeks the revision of the judgment 2F_22/2025 of the Federal Court.

Summary of the Considerations

- **E.1:** The airworthiness of the applicant has repeatedly been denied during periodic reviews. Legal remedies against this were unsuccessful; lastly, a request for review of the judgment 2F_22/2025 was not admitted due to delay and lack of grounds for review. - **E.2:** Requests for review at the Federal Court are only admissible within the reasons conclusively mentioned in Art. 121 et seq. BGG. Strict requirements for justification must be adhered to. Already raised or inadmissible grounds for review do not justify a renewed procedure. - **E.3:** The applicant does not present timely or new grounds for review. Her argumentation repeats objections that have already been considered and rejected in previous procedures. The submission rather aims at an inadmissible reconsideration of the legal situation. - **E.4:** The request lacks legally relevant and sufficient justifications for an admissible ground for review. It is expressly noted that future similar submissions may be filed away unanswered. - **E.5:** Court costs are exceptionally not imposed.

Summary of the Disposition

The request for review is rejected and no court costs are imposed. Additionally, a notification will be made to the parties involved in the procedure and the competent authorities.


9C_9/2025: Judgment on the Temporal Obligation to Perform of Mandatory Health Insurance

Summary of the Facts

The appellant A.________, born in 1992, is mandatorily insured for health care with Concordia. She requested reimbursement for care services provided by her mother while employed by a service provider. Concordia approved benefits for 35 hours per month starting March 16, 2023, and maintained this in the decision on the appeal. However, the Administrative Court of Glarus affirmed the obligation to perform only from April 27, 2023, the date of the medical order, and rejected the appeal.

Summary of the Considerations

- **E.1**: The Federal Court reviews the appeal in matters of public law considering the legal provisions for the establishment of facts and the application of law. - **E.2**: The only issue is the start of the obligation to perform. The relevant legal basis valid until June 2024 must be considered, including the pertinent provisions (Art. 25a KVG, Art. 7-8a KLV). - **E.3-4**: - An obligation to perform of the mandatory health insurance exists only for medically ordered measures after a sufficiently documented needs assessment. This order must be made before the implementation of care measures. - A retroactive medical approval of services is not sufficient. The medical order of April 27, 2023, represents the earliest possible point for the obligation to perform, as no prior proper order was evidenced. - Administrative contracts or perceived practices cannot override the legal temporal requirements. - Physicians must promptly issue an order after presenting the needs assessment, but there are no indications of undue delay in this case. - **E.5**: The lower court correctly assumed the obligation to perform of Concordia only from April 27, 2023.

Summary of the Disposition

The appeal was rejected, and the court costs were imposed on the appellant without granting any party compensation.


6B_927/2025: Judgment Regarding Multiple Minor Theft and Right to be Heard

Summary of the Facts

A ten-year-old appellant was convicted by the Appellate Court of the Canton of Basel-Stadt for multiple minor theft and received a reprimand. The lower court thus confirmed the judgment of the Youth Court of Basel-Stadt. He is alleged to have stolen eleven toys together with a nine-year-old child. The appellant filed an appeal in criminal matters and requested the annulment of the lower court judgments or his acquittal. He also requested free legal assistance.


5A_330/2025: Inadmissibility of Appeals

Summary of the Facts

The legal dispute concerns the inheritance after the deceased E.________. The central point of contention is the calculation of the forced share of the heir B.________ as well as the possible violation of this forced share. The plaintiff (B.________) has claimed, among other things, that her forced share rights were violated due to donations and waiver agreements that the testator concluded with her children during her lifetime. C.________ and A.________, who are also involved in the estate, declined the inheritance. The Cantonal Court referred the case back to the first-instance court for further clarification of the facts and a new decision on the violation of the forced share.


7B_265/2025: Admission as a Private Prosecutor in Criminal Proceedings for Usury and Fraud

Summary of the Facts

A.________ wanted to be admitted as a private prosecutor in the criminal proceedings against B.________ for usury and fraud, after having previously declined this via a signed form. The Public Prosecutor's Office initially admitted him as a private prosecutor, which was subsequently revoked by the High Court of the Canton of Bern upon appeal by B.________. The admission as a private prosecutor was therefore the subject of the dispute.


1C_650/2023: Planning Law - PPA "En Clémenty" in Nyon

Summary of the Facts

The subject of the proceedings is the planning of the planning area "En Clémenty" in the municipality of Nyon. The affected plot No. 511, which has previously been used for agricultural purposes, concerns possible repurposing within the framework of a partial zoning plan (PPA). Various residents' associations filed appeals against the planning with the lower court and subsequently with the Federal Court. They objected, among other things, to the inadequate consideration of environmental protection aspects, the protection of surfaces, and increased traffic.


9C_274/2024: Judgment Regarding VAT on Managed Care Services

Summary of the Facts

The A.________ AG, an operator of managed care practices with over 100,000 patients, provided services under managed care/HMO insurance models in the years 2017-2019. Initially, these services were exempt from VAT, but the Federal Tax Administration (ESTV) changed its practice and demanded corresponding tax payments for the mentioned period. After an appeal and a leap appeal procedure before the Federal Administrative Court, A.________ AG further pursued the case before the Federal Court.


1C_119/2026: Decision Regarding Inadmissibility in an Appeal Procedure Due to Alleged Denial of Justice

Summary of the Facts

An informant (A.________) demanded a reward for his 14-year collaboration with the police according to Art. 7 para. 2 of the Vaud Police Act (LPol). His requests for formal decisions and disclosure of the legal bases as well as the decision-making process were rejected by the competent department of the Canton of Vaud. The appellant subsequently filed a complaint for denial of justice with the Federal Court and simultaneously requested free legal assistance.


7B_75/2026: Proceedings Regarding Non-Admittance and Free Legal Assistance

Summary of the Facts

The appellant filed several criminal complaints against employees of the Lucerne University of Applied Sciences due to alleged manipulations of examination results and digital diplomas. The Emmen Public Prosecutor's Office decided not to proceed, and the Cantonal Court of Lucerne did not admit the appeal due to insufficient justification. The appellant requested the annulment of the decision before the Federal Court.


6B_428/2025: Rejection of the Appeal Due to Violations of Drug and Weapons Laws

Summary of the Facts

A.________ was convicted after a house search for operating an indoor cannabis facility with 146 cannabis plants, possession of further drugs, and illegal possession of firearms. The High Court of the Canton of Zurich found him guilty of offenses against the Narcotics Act as well as the Weapons Act and imposed custodial and monetary penalties. A.________ challenged this judgment and requested an acquittal and remand to the lower court.


7B_1415/2025: No Admission of the Appeal

Summary of the Facts

The appellant was requested by the High Court of the Canton of Zurich to provide a security deposit for an appeal procedure regarding a decision to dismiss by the Youth Public Prosecutor's Office in Winterthur. The appellant filed a complaint with the Federal Court against this decision. A request for free legal assistance was submitted to the High Court, but had not yet been decided at the time of the decision.


2D_17/2025: Rejection of the Appeal Related to the Bachelor Project Work

Summary of the Facts

The appellant, enrolled in the Bachelor program in Occupational Therapy at HES-SO, failed the module "Bachelor Project Work," resulting in a grade of F. Her legal path led through the university, the Canton of Vaud, and the HES-SO Appeals Commission ultimately to the Federal Court. She specifically requested the annulment of the lower court's decision and the subsequent validation of her degree or an alternative solution.


1C_482/2024: Rejection of the Appeal Against the Construction of a Mobile Phone Antenna

Summary of the Facts

The municipality of Le Vaud had allowed a telecommunications company to use a plot of land for the construction of a mobile phone antenna. This construction project was challenged by numerous residents, as the facility would impair the landscape, aesthetics, and character of the surrounding nature park. After the municipality rejected the building application, the cantonal administrative court conducted a review and ordered the municipality to approve the construction project. The affected residents filed an appeal with the Federal Court.


7B_78/2026: No Admission of the Recusal Request

Summary of the Facts

The appellant A.________ filed several criminal complaints against employees of the Lucerne University of Applied Sciences due to alleged manipulations of examination results and diplomas. The Emmen Public Prosecutor's Office did not take the matter up. The appellant subsequently requested a recusal and free legal assistance from the Cantonal Court of Lucerne. By decision of December 22, 2025, the Cantonal Court did not admit the recusal request and rejected the request for free legal assistance. A.________ filed an appeal with the Federal Court against this decision.


9C_69/2026: Inadmissibility of an Appeal Against a Lower Court's Decision to Remand in Health Insurance

Summary of the Facts

The appellant contested a remand decision of the Social Insurance Court of the Canton of Zurich, which referred the matter regarding his claim for basic care back to the respondent (a health and accident insurance) for further clarification. He argued that overturning this judgment could achieve an irreparable disadvantage or a procedural saving in the sense of Art. 93 para. 1 BGG.


9C_466/2025: Inadmissibility of the Pension from Occupational Pension Scheme

Summary of the Facts

A.________ demanded an invalidity pension from occupational pension from CIEPP or, subsidiarily, from the Caisse de pension Vigier, for the period starting January 1, 2017. After the cantonal instance of the Canton of Vaud dismissed the claim, A.________ appealed to the Federal Court.


7B_1382/2024: Judgment on the Appeal of a Convicted Person for Sexual Acts with a Child and Violation of the Principle of Accusation

Summary of the Facts

The appellant (A.________) was accused of committing sexual acts against B.B.________ and E.________ from 2015 until about September 2018. While the Regional Court of Berner Jura-Seeland partially acquitted him and sentenced him to a conditional prison sentence, the High Court of the Canton of Bern confirmed a conviction for two cases of sexual acts with a child and imposed a conditional fine. The appellant filed a complaint in criminal matters against this decision with the Federal Court.