Latest Judgments of the Federal Supreme Court
Here you will find the most recent judgments of the Federal Supreme Court (FSC) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts. The full summaries of all judgments are available on the Lexplorer portal. There you can configure your newsletter and receive the latest judgments individually tailored to your areas of law.
4A_344/2025: Termination during Incapacity for Work
Summary of the Facts
In the present case, an employee sued her former employer based on an employment contract concluded on September 1, 2019. The dispute arose from differences regarding the termination of the employment relationship. The employer terminated the employment relationship on August 23, 2021. The employee declared that she became incapacitated for work on August 25, 2021, and presented a medical certificate. The point of contention was whether the termination was made at an untimely date and thus invalid. Claims were also made for alleged violations of personality rights and outstanding financial benefits.
Summary of the Considerations
- E.1: The Federal Supreme Court establishes the formal admissibility of the complaint. The complainant is confirmed to have filed her appeal in a timely manner within the meaning of Art. 100 para. 1 BGG and that the legal requirements for standing to appeal are met. - E.2: The Federal Supreme Court reviews only the complaints brought forward if they are substantiated in detail. The application of the law is ex officio; insufficiently reasoned objections are not considered. - E.3: The lower court had deemed the termination invalid as it occurred during the employee's incapacity for work according to Art. 336c para. 1 lit. b CO. The Federal Supreme Court confirms that the medical certificate sufficiently documented the employee’s incapacity for work and that the employer did not provide sufficient evidence to discredit the certificate. The employer’s objections were rejected. - E.4: The allegation of a “resignation” by the employee was dismissed due to the established incapacity for work. - E.5: The lower court granted compensation for non-pecuniary damage pursuant to Art. 49 para. 1 CO as the conduct of the managing director towards the employee was classified as a violation of personality rights. The Federal Supreme Court confirmed this assessment and emphasized the employer’s duty of protection under Art. 328 CO as well as its responsibility for the managing director’s conduct under Art. 101 CO.
Summary of the Dispositive
The appeal is rejected, the court costs are imposed on the complainant, and no party compensation is awarded.
4A_161/2025: Abusive Rent
Summary of the Facts
The complainant (landlord), A.________ SA, concluded a lease agreement on March 21, 2022, with the respondents (tenants) for a 2-room apartment. The annual rent amounted to CHF 14,400 (excluding ancillary costs), whereas the previous tenant had paid CHF 8,400 per year. In view of this 71% increase, the tenants disputed the initial rent as abusive. After a failed conciliation attempt, they filed a lawsuit. Subsequently, the Tribunal des baux et loyers and the Cour de justice set the annual rent at CHF 8,400.
Summary of the Considerations
The appeal is formally admissible as it was filed on time and the dispute amount threshold of CHF 15,000 pursuant to Art. 74 para. 1 lit. a BGG is met. The complainant alleged a violation of her right to be heard under Art. 29 para. 2 BV. However, the Federal Supreme Court held that no violation occurred as she had sufficient opportunity to comment on a change in the evidentiary order. On the merits, it was examined whether the contested rent was abusive: According to Art. 270 para. 1 CO, a rent is abusive if it yields an excessive return to the landlord (Art. 269 CO). In case of a massive increase over 10%, such as the present 71%, an abusive rent is presumed. The complainant failed to sufficiently rebut this presumption, as she presented only a single comparable case. The Federal Supreme Court confirmed that the lower court correctly determined the abusive rent based on statistical surveys and local market knowledge at CHF 8,400 per year. The complainant’s refusal to provide relevant documents for calculating the net yield factor reinforced the presumption of the rent’s abusive character.
Summary of the Dispositive
The appeal is dismissed, and the court costs as well as the party compensation are imposed on the complainant.
7B_1397/2025: Non-Admission due to Missing Advance on Costs
Summary of the Facts
The complainant filed an appeal on December 10, 2025, against the decision of the Higher Court of the Canton of Bern of November 7, 2025, concerning a recusal proceeding. After the complainant failed to pay the requested advance on costs within the deadline despite a grace period, the Federal Supreme Court did not admit the appeal.
Summary of the Considerations
- E.1: The complainant had filed an appeal in criminal matters against the decision of the Higher Court of the Canton of Bern. - E.2: Pursuant to Art. 62 para. 1 BGG, payment of an advance on costs is necessary to process the appeal. - E.3: Although a grace period until February 3, 2026, was granted, the advance on costs was not paid. According to Art. 62 para. 3 BGG, in such a case, the appeal is not admitted. The simplified procedure under Art. 108 BGG was applied. - E.4: The complainant is liable for costs pursuant to Art. 66 para. 1 BGG.
Summary of the Dispositive
The Federal Supreme Court did not admit the appeal and imposed court costs of 500 francs on the complainant.
4A_256/2025: Dismissal of the Appeals and Binding Determination of Court Costs
Summary of the Facts
A.________ SA concluded a collaboration agreement in 2020 with radiologists B.________ and C.________ which, among other things, provided for fixed monthly remunerations. In 2021, a dispute arose over outstanding salary payments, whereupon B.________ and C.________ terminated their employment and asserted a claim against A.________ SA. A.________ SA, in turn, asserted claims for damages due to the allegedly unjustified departure of the radiologists and an alleged decline in the company’s results. The lower courts rejected the damage claims of A.________ SA.
The full summary of the judgment can be found on the portal.
9F_31/2024: Withdrawal of the Request for Revision
Summary of the Facts
The complainant A.________ had originally requested a revision of the Federal Supreme Court judgment of August 20, 2024. After the reopening of the proceedings, the complainant declared the withdrawal of his request for revision in letters dated February 6 and 19, 2026.
The full summary of the judgment can be found on the portal.
4A_85/2025: Dismissal of the Appeal against the Bank Regarding Credit Agreements
Summary of the Facts
A.________, former shareholder and board member of the now dissolved company C.________ SA, concluded a personal loan agreement with Bank B.________ in 2008 to finance the company’s business. Due to ongoing financial problems, the terms of the loan agreement were renegotiated several times before the bank terminated the contract in January 2012. At the same time, it blocked the company’s accounts, which ultimately led to its bankruptcy. B.________ initiated debt collection proceedings against A.________ in 2021 to claim outstanding amounts. The lower courts confirmed their claim.
The full summary of the judgment can be found on the portal.
4A_267/2025: Dismissal of the Appeal Due to Non-Attributable Subsequent Impossibility
Summary of the Facts
A.________ SA is the owner of a property for which the municipality B.________ was to construct a roundabout for development. The parties agreed that the municipality would have to reimburse a certain amount if the construction did not start by March 31, 2020. Due to Covid-19 measures, the works were delayed, and A.________ SA requested reimbursement. The lower court denied this on the grounds that the delay constituted a non-attributable subsequent impossibility.
The full summary of the judgment can be found on the portal.
9F_30/2024: Withdrawal of the Request for Revision
Summary of the Facts
The complainant A.________ filed a revision with the Federal Supreme Court against a decision of the Federal Supreme Court (9C_368/2023) from 2023 regarding taxation for the 2008 tax period. After the reopening of the proceedings, which had been suspended for several months, the complainant declared the withdrawal of his requests for revision in letters dated February 6 and 19, 2026.
The full summary of the judgment can be found on the portal.
7B_198/2026: Recusal Request in Criminal Proceedings; Non-Admittance of Appeal
Summary of the Facts
A.________ was convicted with final effect by the District Court of Willisau for several offenses and sentenced to a fine and a penalty. In the subsequent appeal proceedings, the responsible case manager rejected the request for legal aid. A.________ then filed a recusal request against the case manager, which the Cantonal Court of Lucerne dismissed by decision of January 7, 2026. A.________ appealed this decision to the Federal Supreme Court.
The full summary of the judgment can be found on the portal.
1C_113/2026: Inadmissibility of the Appeal against a Decision of the Appeals Chamber of the Federal Criminal Court
Summary of the Facts
The Federal Supreme Court examined an appeal by the company A.________ against a decision of the Appeals Chamber of the Federal Criminal Court. The proceedings concerned international mutual legal assistance to India. The Federal Criminal Court declared the appeal by A.________ inadmissible because no sufficient evidence of the company’s continued existence at the time of filing the appeal was provided.
The full summary of the judgment can be found on the portal.
2C_184/2025: Decision Regarding Family Reunification
Summary of the Facts
The Montenegrin complainant (A.A.________), married to an Italian citizen, applied for an EU/EFTA residence permit for the purpose of family reunification. His wife and two children lived in Switzerland. The authorities of the Canton of Ticino rejected the application citing public order and security considerations, as the complainant had multiple criminal convictions in Italy, some involving multi-year prison sentences. The complainant appealed against the refusal decisions of the Department of Institutions, the State Council, and the Administrative Court of the Canton of Ticino to the Federal Supreme Court.
The full summary of the judgment can be found on the portal.
6B_219/2025: Principle of Prosecution in Criminal Proceedings
Summary of the Facts
A.________ was accused of committing robbery and property damage in Chur in January 2021 together with two other persons to the detriment of D.________. They allegedly jointly attacked, injured, and stole the complainant's handbag. The regional court convicted A.________ of robbery and property damage to a conditional prison sentence of 20 months and ordered expulsion. The Cantonal Court of Graubünden reduced the sentence to 18 months and additionally imposed a conditional fine in the appeal proceedings. A.________ filed a criminal appeal with the Federal Supreme Court.
The full summary of the judgment can be found on the portal.
7B_1391/2025: Judgment Regarding Non-Initiation Order of a Criminal Complaint
Summary of the Facts
The complainant A.________ filed a criminal complaint on October 7, 2025, against several persons for various offenses. The public prosecutor's office of the Canton of Aargau decided on October 20, 2025, not to initiate proceedings. The complainant appealed to the Higher Court of the Canton of Aargau and requested the annulment of the non-initiation order and the commencement of investigations by an independent public prosecutor's office. The Higher Court dismissed the appeal on November 26, 2025, insofar as it admitted it.
The full summary of the judgment can be found on the portal.
5A_939/2025: Appeal Proceedings Regarding Marital Protection Measures and Withdrawal of Appeal
Summary of the Facts
The parties, married since 1984 and separated since 2021, jointly run an agricultural business which is solely owned by the wife (respondent) and was sold by her without the husband's (complainant) consent to their joint son. The husband opposed the sale but lost in previous instances.
The full summary of the judgment can be found on the portal.
9C_7/2026: Judgment on Survivors’ Benefits in Occupational Pension
Summary of the Facts
A member of the Profond pension institution died on June 28, 2024. Her life partner, the complainant, claimed a life partner's pension from the pension institution. The institution denied the benefit citing the absence of a regulatory written beneficiary declaration by the deceased during her lifetime or a testamentary disposition related to occupational pension. The Administrative Court of the Canton of Schwyz dismissed the life partner’s claim for payment of the pension.
The full summary of the judgment can be found on the portal.
7B_86/2026: Federal Supreme Court Investigation into Allegations of Denial and Delay of Justice in Criminal Proceedings of the Canton of Ticino
Summary of the Facts
A.________ was sentenced in first instance for multiple counts of qualified embezzlement, fraud, multiple document forgery, and money laundering to 5 years and 6 months imprisonment plus expulsion for 7 years. He appealed this judgment and requested, among other things, the annulment of the first-instance judgment and his immediate release. His objections and evidentiary motions were not conclusively dealt with by the lower court, which prompted A.________ to file a complaint for denial and delay of justice with the Federal Supreme Court.
The full summary of the judgment can be found on the portal.
7B_1241/2025: Judgment on Preventive Detention and Denial of Antiandrogen Therapy
Summary of the Facts
The complainant A.________ was sentenced by the Criminal Court of Lucerne on December 4, 2024, for multiple serious offenses to a prison sentence of eight years and eleven months and ordinary preventive detention under Art. 64 para. 1 SCC. The preventive detention was extended. A.________ requested the Cantonal Court of Lucerne to order antiandrogen hormone deprivation treatment and grant related leave for medical reasons. The Cantonal Court denied this request, after which A.________ filed an appeal with the Federal Supreme Court.
The full summary of the judgment can be found on the portal.
2C_122/2026: Inadmissibility of the Appeal in the Area of Mutual Assistance
Summary of the Facts
The Swedish tax authority requested the Swiss Confederation, under the double taxation agreement between Switzerland and Sweden, to provide mutual assistance to obtain information about the Swedish taxpayer A.________ concerning his income tax for the years 2018 to 2021. The Federal Tax Administration (FTA) approved the request. A.________ challenged this decision, with the Federal Administrative Court dismissing the appeal on February 3, 2026. A.________ then filed an appeal with the Federal Supreme Court on February 26, 2026.
The full summary of the judgment can be found on the portal.
7B_191/2026: Inadmissibility of the Appeal
Summary of the Facts
The complainant A.________ filed an appeal with the Federal Supreme Court against a decision of the Authority for Complaints in Criminal Matters of the Cantonal Court of Neuchâtel dated January 12, 2026. This authority had dismissed her appeal against a non-initiation order of the public prosecutor of the Canton of Neuchâtel dated November 24, 2025.
The full summary of the judgment can be found on the portal.
5A_166/2026: Judgment Regarding Personal Contact
Summary of the Facts
The complainants, parents of C. (born 2021) and D. (born 2022), challenged the decision of the KESB (Child and Adult Protection Authority) of the city of Lucerne concerning the removal of the right to personal contact with their child C. After prior dismissal of the administrative court appeal by the Cantonal Court of Lucerne, they filed an appeal with the Federal Supreme Court without sufficiently substantiating violations of rights.
The full summary of the judgment can be found on the portal.
4A_464/2025: Granting of the Appeal
Summary of the Facts
A sublessor (A.________ SA) terminated a lease of an undeveloped plot in Geneva without notice pursuant to Art. 257d CO, as the sublessor asserted rent arrears. The sublessor then demanded immediate eviction and payment of outstanding amounts. The first instance ruled in favor of the sublessor. Upon appeal by the subtenant (B.________ SA), the lower court declared the sublessor's claim inadmissible.
The full summary of the judgment can be found on the portal.
8C_379/2025: Decision on Disability Pension
Summary of the Facts
The Italian citizen A.________ applied for a disability pension due to an accident on January 17, 2017, and health problems. Initially, he was granted a full disability pension for the period from January 1, 2018, to January 31, 2019, followed by a half pension. Later, after further medical examinations, the disability was assessed as no longer pension-eligible, leading to the cessation of pension payments.
The full summary of the judgment can be found on the portal.
1C_125/2025: Compensation for Material Expropriation Due to Planning Measures
Summary of the Facts
The complainants A.A.________ and B.A.________, co-owners of a parcel in the municipality of Bex, demand compensation for material expropriation. Their land has been subject to construction bans since 2017 due to planning measures, initially through the introduction of a "zone réservée," later through planned rezoning into an agricultural protection zone as part of a new municipal land-use plan (PACom Hors-Centre). The competent cantonal authority and later the cantonal administrative court dismissed the compensation claim.
The full summary of the judgment can be found on the portal.
7B_173/2025: Partial Discontinuation of Criminal Proceedings for Coercion, Rape, and Threats
Summary of the Facts
The respondent A.A.________ filed a criminal complaint against her ex-husband B.A.________ for, among other things, coercion, rape, and threats. The public prosecutor discontinued parts of the proceedings. An appeal filed by A.A.________ against this was dismissed by the Higher Court of the Canton of Aargau. A.A.________ then filed a criminal appeal with the Federal Supreme Court aiming to have the partial discontinuations reviewed again.
The full summary of the judgment can be found on the portal.
4A_83/2025: Contract Interpretation and Claims for Damages from a Cooperation Agreement
Summary of the Facts
A.________ SA and B.________ SA concluded a cooperation agreement on April 12, 2007, which regulated the joint development and marketing of a commodity index. The dispute concerned the interpretation of contractual clauses on remuneration (Art. 4) and non-competition (Art. 7). B.________ SA later introduced a competing product to the market, resulting in losses in A.________ SA's revenues. A.________ SA claimed damages and sued for payment of lost commissions. After proceedings before cantonal courts, the case reached the Federal Supreme Court.
The full summary of the judgment can be found on the portal.
7B_1054/2025: Judgment on Non-Admittance of an Appeal against an Order on Recusal and Legal Defense
Summary of the Facts
The complainant filed a criminal appeal with the Federal Supreme Court against an order of the Higher Court of the Canton of Zurich (III Criminal Chamber) dated September 12, 2025. The Higher Court dismissed the complainant’s requests for provisional measures insofar as it admitted them and did not admit the request for change of legal defense.
The full summary of the judgment can be found on the portal.
7B_45/2026: Non-Initiation and Criminal Appeal
Summary of the Facts
The proceedings concerned a criminal appeal to the Federal Supreme Court against a decision of the Higher Court of the Canton of Zurich, which dismissed the appeal against the non-initiation order of the Zurich-Limmat public prosecutor's office. The non-initiation related to a complaint filed by the complainant.
The full summary of the judgment can be found on the portal.