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 complete summaries of all judgments are available in the Lexplorer portal. There you can configure your newsletter and receive the latest judgments individually tailored to your areas of law.
4A_597/2025: Judgment on the Recusal of a Court President in a Settlement Hearing
Summary of the Facts
C.________ AG sued before the Commercial Court of the Canton of Aargau against A.________ AG to claim an amount of CHF 798,309.09 plus interest. A settlement hearing took place on 17 September 2025, in which the president of the Commercial Court, Dr. B.________ (respondent), made a settlement proposal of CHF 400,000.--. During the hearing, the respondent stated that the appellant would be "dead" if a judgment were rendered and later clarified this as a reference to a possible bankruptcy. The next day, the defendant filed a recusal motion alleging the respondent's bias. The Commercial Court rejected the motion on 21 October 2025. A.________ AG appealed to the Federal Supreme Court and requested the annulment of the Commercial Court's decision and the respondent's recusal.
Summary of the Considerations
The appeal in civil matters is admissible as all requirements under Art. 72 et seq. BGG are met. The Federal Supreme Court applies the legal violations under Art. 95 BGG and only acknowledges well-founded and qualified complaints, in particular regarding the assessment of evidence, intervention is only possible in cases of obvious arbitrariness. Criteria for Art. 47 para. 1 lit. f ZPO: A ground for recusal exists if the appearance of bias or risk of preconception is objectively justified. The respondent's statements during the settlement hearing were harshly worded but to be understood as a reference to possible economic consequences (bankruptcy). The settlement proposal itself was balanced. The lower court judged that the statements were appropriate in the context of the settlement hearing as a last attempt at an amicable resolution. The respondent did not convincingly demonstrate arbitrariness or clear indications of bias. The Federal Supreme Court refers to the leading decision 4A_237/2025, which provides comprehensive guidelines for conducting settlement hearings. According to this, court delegations may give preliminary assessments as long as impartiality is maintained. The respondent's statements remain within the framework of the leading decision and do not violate Art. 47 ZPO.
Summary of the Dispositive
The appeal was dismissed, and the costs were imposed on the appellant without awarding party compensation.
1C_366/2025: Decision on the Property Guarantee and Fire Protection Regulations
Summary of the Facts
A.A., B.A., and C.A. (the appellants) inherited a building in Payerne, whose sprinkler system must undergo a 20-year general overhaul according to the applicable regulations of the cantonal building insurer (ECA). After several unsuccessful reminders and grace periods, the ECA ordered the execution of this overhaul, possibly under coercive measures. A challenge to this order before the Tribunal cantonal of the Canton of Vaud, Cour de droit administratif et public (CDAP), failed. The appellants then filed an appeal to the Federal Supreme Court.
Summary of the Considerations
The appeal to the Federal Supreme Court is admissible under Art. 90 et seq. BGG as a final cantonal decision in the field of public law exists. The appellants invoke the property guarantee (Art. 26 BV) and argue that the mandatory 20-year general overhaul of the sprinkler system is disproportionate. The Federal Supreme Court states that such restrictions on the property guarantee are permissible if there is a sufficient legal basis, a public interest, and proportionality. It is established that the ECA regulations constitute a sufficient legal basis. The 20-year overhaul serves the public interest of fire protection and is proportionate. The rules on retroactivity, which could be relevant in case of changes in the norms, were correctly applied. A submission by the appellants regarding possible anticompetitive effects of the norms was considered unfounded and insufficiently motivated.
Summary of the Dispositive
The appeal is dismissed, court costs are imposed on the appellants, and no party compensation is awarded.
4A_463/2025: Judgment Regarding Claims and Legal Protection in Clear Cases
Summary of the Facts
A.________ AG (appellant), shareholder of B.________ AG (respondent), granted various loans to B.________ AG. According to the appellant, repayment of these loans is permitted despite a repayment prohibition under Art. 2 para. 2 lit. b Covid-19 Solidarity Guarantee Act (SBüG). Her request for legal protection in clear cases was rejected by the lower instances, whereupon she appealed to the Federal Supreme Court.
Summary of the Considerations
- E.1: The Federal Supreme Court examines the admissibility of the appeal and affirms it, as the formal requirements are met. - E.2: The appellant alleges a clear legal situation regarding the repayment of a loan under Art. 2 para. 2 lit. b Covid-19 SBüG. The Federal Supreme Court finds that the law, doctrine, and case law do not provide a clear answer. Several interpretative results are justifiable, so there is no clear legal situation within the meaning of Art. 257 para. 1 lit. b ZPO. - E.3: The Federal Supreme Court refrains from conclusively examining the question of the clarity of the facts (Art. 257 para. 1 lit. a ZPO) due to the ambiguous legal situation.
Summary of the Dispositive
The appeal was dismissed, and the court costs were imposed on the appellant, while the respondent is compensated.
9C_180/2026: Proceedings Regarding Cantonal and Municipal Taxes of the Canton of Solothurn and Direct Federal Tax, Tax Period 2024
Summary of the Facts
The appellant withdrew his appeal against a judgment of the Cantonal Tax Court of Solothurn before the Federal Supreme Court by letter dated 11 March 2026.
The full summary of the judgment can be found in the portal.
9C_649/2025: Decision on the Taxation of A.________ INC. for the Tax Periods 2010 to 2014
Summary of the Facts
A.________ INC., a company registered in 1993 in B.________, C.________, was tax-assessed in Switzerland for the tax periods 2010 to 2014 following an investigation by the Division for Criminal Matters and Investigations of the Federal Tax Administration (DAPE). According to the investigations, A.________ maintained a fixed business office in Geneva and carried out asset management and consulting services there, among others, without declaring these activities for tax purposes. Subsequently, tax and fine assessments for attempted tax evasion were issued, which were confirmed by the Geneva Cantonal Tax Administration and the cantonal judiciary.
The full summary of the judgment can be found in the portal.
7B_209/2025: Non-Admission of the Appeal
Summary of the Facts
A.A.________ and his brother filed a criminal complaint on 16 March 2021 against lawyer B.________. They accused him of suppressing their mother's 2011 will by deception to be appointed executor based on an older 1977 will. The Public Prosecutor's Office of the Canton of Graubünden discontinued the investigation on 21 November 2023, but B.________ was ordered to bear the procedural costs. An appeal against the discontinuation was dismissed by the Higher Court of the Canton of Graubünden on 27 January 2025. A.A.________ applied to the Federal Supreme Court for annulment of the discontinuation and resumption of the criminal proceedings.
The full summary of the judgment can be found in the portal.
4F_51/2025: Judgment on Restoration of Deadline in Connection with the Challenge of a Superior Court Judgment
Summary of the Facts
The petitioner A.________ applied to the Federal Supreme Court for restoration of the deadline to challenge a judgment of the Zurich Cantonal Court dated 30 September 2025 in an employment law matter. The petitioner was originally sued by B.________ AG before the labor court. She claimed that postal delays prevented her from timely submitting her complete appeal brief.
The full summary of the judgment can be found in the portal.
1C_441/2025: Dismissal of the Appeal Against the Refusal of Switchable License Plates
Summary of the Facts
A.________ challenged the refusal of switchable license plates for an unlimited number of vehicles by the Road Traffic and Navigation Office of the Canton of Fribourg. After rejection of his request for legal aid by the cantonal court and dismissal of his appeal on the merits, he brought the matter before the Federal Supreme Court. Here he requested reimbursement of the paid procedural cost advances and substantive approval of his claim.
The full summary of the judgment can be found in the portal.
7B_90/2026: Decision on Pretrial Detention and Risk of Collusion
Summary of the Facts
A.________, a Portuguese national, was criminally prosecuted in March 2025 in connection with a large drug trafficking case. The accused and his alleged accomplices are accused of a serious case of violations of the Narcotics Act, particularly due to substantial proceeds. A.________'s pretrial detention was extended several times, most recently until February 2026. A request for release failed at the cantonal level, so the case was brought before the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
4A_623/2025: Inadmissibility of the Appeal
Summary of the Facts
The appellant requested legal aid from the Commercial Court of the Canton of Bern, which rejected this request as hopeless. The appellant then appealed to the Federal Supreme Court. In proceedings before the Federal Supreme Court, the appellant did not fulfill the domestic service obligation under Art. 39 para. 3 BGG and did not pay the cost advance despite reminders and deadline extensions.
The full summary of the judgment can be found in the portal.
4A_585/2025: Start of Employment Relationship and Unlawful Termination
Summary of the Facts
The appellant was employed as managing director of a retirement home from 1 September 2018 according to the employment contract but announced an earlier start due to her involvement in job interviews from June 2018. After termination by the employer during the probationary period, a dispute arose over the start date of the employment and an alleged unlawful termination. The lower courts dismissed her claim, after which the appellant appealed to the Federal Supreme Court, which rejected the appeal.
The full summary of the judgment can be found in the portal.
8C_106/2026: Inadmissibility of the Appeals
Summary of the Facts
A.________, the appellant, applied to the Centre d'action sociale (CAS) for financial emergency assistance to cover his rent expenses. Several applications were rejected due to missing documents, lack of cooperation, or missing evidence to support his daughter. Decisions by administrative instances, which also rejected his applications for interim measures, led to appeals before the Administrative Chamber of the Cour de justice de Genève. These were dismissed on 16 January 2026. The appellant then appealed to the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
9C_647/2025: Partial Approval of the Appeal Regarding Tax Claims and Fines
Summary of the Facts
The appellants, a married couple residing in Geneva, were fully taxable during the tax periods 2010 to 2015. The husband, an asset manager, was involved in various business activities and companies. The Federal Tax Administration (FTA) found that the husband did not properly declare various income and benefits in kind, resulting in tax reassessments and fines. This included income from a foundation, business transactions with close business ties, and unverified accounts at affiliated companies. After decisions by the cantonal tax authority and courts, the matter came before the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
4D_39/2026: Non-Admissibility of the Appeal Due to Inadmissible Conduct of Proceedings
Summary of the Facts
The appellant complained to the Higher Court of the Canton of Aargau about alleged delay and denial of justice by the Kulm District Court, which dismissed the appeal as moot. The appellant then filed an appeal with the Federal Supreme Court, submitting numerous additional requests.
The full summary of the judgment can be found in the portal.
4D_6/2026: Inadmissibility of the Appeal
Summary of the Facts
The appellant (A.________) filed an appeal on 9 January 2026 against a decision of the Cour d'appel civile of the Tribunal cantonal of the Canton of Vaud dated 14 November 2025. By presidential order of 15 January 2026, the appellant was requested to pay an advance of CHF 1,000 by 30 January 2026 at the latest and to prove timely dispatch of the appeal. After further correspondence, a non-extendable grace period was granted until 20 February 2026. The appellant ultimately clarified that she did not wish to pay the cost advance before confirmation of the timely filing of the appeal.
The full summary of the judgment can be found in the portal.
4A_116/2026: Federal Supreme Court Judgment on Tenancy Law
Summary of the Facts
The appellant was originally ordered by decision of the single judge of the Kriens District Court to vacate a rental apartment including the associated cellar and parking space and to return the keys. After an unsuccessful appeal at the Lucerne Cantonal Court, the appellant finally filed a complaint with the Federal Supreme Court. She also filed a request for extension or restoration of the deadline.
The full summary of the judgment can be found in the portal.
4A_544/2025: Judgment Regarding Collective Labor Law
Summary of the Facts
The Central Parity Commission of the A.________ industry (appellant) conducted a payroll audit at B.________ GmbH (respondent) and sued for the recovery of audit costs as well as two contractual penalties from a collective labor agreement (GAV). The labor court partially granted the appellant Fr. 585.--. The Aargau Cantonal Court increased this amount to Fr. 2,070.--. The appellant then filed an appeal in civil matters and alternatively a constitutional complaint before the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
4D_18/2026: Judgment on Cost Waiver
Summary of the Facts
The appellant requested the waiver of court costs from the Bern Higher Court from a previous appeal procedure deemed hopeless. The Higher Court rejected the request on the grounds that the appellant's indigence was not proven. The appellant filed a subsidiary constitutional complaint with the Federal Supreme Court, also requesting legal aid.
The full summary of the judgment can be found in the portal.
4A_494/2025: Judgment on the Exception from the Basic Service Obligation of PostFinance AG
Summary of the Facts
A Turkish citizen and registered refugee in Switzerland (appellant) demanded that PostFinance AG (respondent) open an account under the basic service according to Art. 43 para. 1 VPG. PostFinance AG refused this citing Art. 45 para. 1 lit. a VPG, arguing that compliance with financial market and anti-money laundering regulations would require disproportionate effort. The Bern Commercial Court dismissed the appellant's claim.
The full summary of the judgment can be found in the portal.
6B_800/2025: Cost Imposition and Compensation Claim in Weapons Law Violation
Summary of the Facts
A.________ initially stored a weapon in his bedroom and then in the conservatory, where it lay unattended on a table. B.________, under the influence of alcohol and cannabis, took the weapon and seriously injured himself while playing with a loaded pistol. The Basel-Landschaft Criminal Court convicted A.________ of violating the weapons law among other charges but did not find him guilty of negligent grievous bodily harm.
The full summary of the judgment can be found in the portal.
6B_993/2025: Judgment on Attempted Conditional Intentional Killing, Sentencing, and Inpatient Therapeutic Treatment of Mental Disorders
Summary of the Facts
The appellant is accused of having broken into an apartment on 11 October 2022 at night and nearly killed the sleeping respondent 2 by strangulation and mouth obstruction. His attack was only averted by the resistance of the respondent. The Zurich Cantonal Court sentenced him for attempted intentional killing to nine years and three months imprisonment, revoked a previously conditionally executed fine, ordered inpatient therapeutic treatment, and a ten-year ban from the country.
The full summary of the judgment can be found in the portal.
4A_118/2026: Judgment on Non-Admissibility of an Appeal Related to a Tenancy Agreement
Summary of the Facts
The appellant challenged a decision of the Zurich Cantonal Court dated 5 December 2025 concerning a tenancy agreement. Her appeal, dated 1 March 2026, was only handed over to the post on 5 March 2026.
The full summary of the judgment can be found in the portal.
1C_409/2025: Building Permit Procedure and Application of Art. 47 and 49 LATC in Connection with a Municipal Popular Initiative
Summary of the Facts
The popular initiative "Sauvons le Vallon de la Valleyre" demanded that the entire perimeter of the "Valleyre" district plan be converted into a non-buildable zone. After adoption of the initiative, the municipality of Le Mont-sur-Lausanne decided to suspend ongoing building permit procedures concerning the affected properties. The affected landowners successfully challenged this before the lower court, which ruled that a public display procedure must be carried out as the mere adoption of the initiative does not directly change the applicable planning law in this perimeter.
The full summary of the judgment can be found in the portal.
4D_20/2026: Order on Proceedings Concerning a Contract for Work and Services
Summary of the Facts
The defendant filed a submission with the Zurich Cantonal Court, which forwarded it to the Federal Supreme Court for jurisdictional reasons. The Federal Supreme Court requested the defendant to clarify in writing whether he wished to initiate formal appeal proceedings. Since no such communication was received, the Federal Supreme Court considered the proceedings closed.
The full summary of the judgment can be found in the portal.
9C_106/2026: Judgment on Old-Age and Survivors' Insurance (Capping of Old-Age Pension)
Summary of the Facts
The appellant, a Swiss citizen living abroad, worked in Switzerland between 1960 and 2001 and contributed to AHV. In 2007 he received an ordinary AHV pension, which was reduced after the death of his wife in May 2023 due to the capping of the pension. The appellant demanded continuation of the original full pension, but the Swiss Compensation Office rejected his objections, as did the Federal Administrative Court (judgment of 7 January 2026).
The full summary of the judgment can be found in the portal.
9C_648/2025: Tax Treatment of Rights to Offshore Companies
Summary of the Facts
A.________ SA, a company based in Geneva, was taxable for the 2011 tax year (including direct federal taxes and cantonal/municipal taxes). There was a dispute over the tax treatment of rights to offshore companies that were transferred free of charge to A.________ SA in 2011. The tax administration claimed that this transfer constituted a taxable extraordinary income of CHF 16,012,725. Furthermore, reimbursement claims and tax fines were imposed on the company. The lower court, the Cour de justice of the Canton of Geneva, dismissed the appeal against the order filed by A.________ SA.
The full summary of the judgment can be found in the portal.
7B_539/2025: Recusal Motion Regarding Judges of the Appeal Chamber of the Federal Criminal Court
Summary of the Facts
The appellant A.________ was convicted at first instance by the Criminal Chamber of the Federal Criminal Court of crimes against humanity and sentenced to 20 years imprisonment. In the appeal proceedings, he filed a recusal motion against the judges of the appeal panel of the Federal Criminal Court's Appeal Chamber as well as a motion under Art. 38c StBOG to determine the appeal court. The recusal motion was rejected by the Appeal Chamber, and the motion under Art. 38c StBOG was not admitted.
The full summary of the judgment can be found in the portal.
9C_692/2025: Withdrawal of the Appeal and Cost Regulation
Summary of the Facts
A.________ filed an appeal against the judgment of the Administrative Court of the Canton of Vaud, Cour de droit administratif et public, dated 4 November 2025 concerning cantonal and municipal taxes as well as direct federal tax for the tax periods 2005–2007. However, on 11 February 2026, A.________ declared withdrawal of the appeal.
The full summary of the judgment can be found in the portal.
6B_647/2025: Judgment on Internment and Life-Long Ban from the Country
Summary of the Facts
The appellant, A._______, Italian national, was sentenced by the first-instance court of the Canton of Vaud on 11 October 2024 for rape, violation of the entry ban (return despite deportation), and contravention of the Narcotics Act to seven years imprisonment and life-long ban from the country. Furthermore, his previous conditional release was revoked and internment ordered under Art. 64 para. 1 lit. a StGB. The appellate court (Cantonal Court of Vaud) essentially confirmed the first-instance judgment on 30 April 2025. The appellant nevertheless appealed to the Federal Supreme Court, requesting non-ordering of the internment and limitation of the deportation to ten years.
The full summary of the judgment can be found in the portal.
4D_29/2026: Judgment on the Question of Tenant Eviction
Summary of the Facts
The appellants were previously ordered by the Kulm District Court to vacate a 6-room apartment within 10 days after the decision became final; otherwise, police enforcement was threatened. The Aargau Higher Court dismissed the appellants' appeal. The appellants then filed an appeal with the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
6B_43/2026: Inadmissibility of the Objection Against Penal Order
Summary of the Facts
A.________ filed an objection against a penal order that convicted him of property damage to a conditional fine of 10 daily rates of CHF 30 and a fine of CHF 300. The objection was deemed late by the first-instance court because it was submitted after the 10-day deadline. The cantonal lower court confirmed this decision. The Federal Supreme Court reviewed A.________'s complaints, including arbitrariness, breach of the duty of good faith, and violation of international legal assistance regulations, and dismissed his appeal.
The full summary of the judgment can be found in the portal.
4D_30/2026: Tenancy and Forced Eviction
Summary of the Facts
A.________ had rented an apartment from B.________ AG since 28 April 1999. The tenancy agreement was terminated by the landlord as of 31 May 2022 under Art. 257d OR due to outstanding rent payments. After unsuccessful legal remedies by the tenant, eviction was ordered in simplified proceedings. A.________ appealed the enforced eviction, which the lower court rejected. He then filed a subsidiary constitutional complaint with the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
4A_427/2025: Legal Dispute Over Trademark Rights Between ILEC and SAIL SA
Summary of the Facts
The organization "International Legal Education Centre" (ILEC), a legal entity under Russian law, and the Swiss Academy for International Law SA (SAIL SA) dispute rights to various trademarks registered in Switzerland. ILEC requested before the lower court the transfer of these trademarks to itself or their cancellation. The lower court dismissed the lawsuit on the grounds that the requirements of Art. 4 MSchG were not met.
The full summary of the judgment can be found in the portal.
4A_5/2026: Non-Admissibility of the Appeal
Summary of the Facts
A.________ filed an appeal in civil matters on 5 January 2026 against a decision of the Civil Chamber of the Geneva Cantonal Court dated 27 October 2025. The case concerned a liability dispute. An application for legal aid by the appellant was rejected on 24 February 2026. After being requested to pay a cost advance, the appellant withdrew his appeal on 16 March 2026.
The full summary of the judgment can be found in the portal.
4A_576/2025: Procedural Costs and Good Faith Conduct of Proceedings
Summary of the Facts
The appellant (A.________) and the respondent (B.________ AG) concluded a contract in July 2015 for the sale of shares belonging to a real estate property. The appellant agreed to bear any real estate gains taxes and secure them by a bank guarantee (Art. 12 of the contract). The bank guarantee expired on 2 July 2025. The respondent then applied to the Zug Cantonal Court to oblige the appellant to extend the bank guarantee. The Cantonal Court granted the request. This decision was later partially overturned by the Zug Higher Court insofar as it did not admit the request but imposed the first-instance procedural costs on the appellant, as the respondent had reason to conduct proceedings in good faith.
The full summary of the judgment can be found in the portal.
4A_519/2025: Dismissal of the Appeal
Summary of the Facts
The appellant, a real estate company, sued another company for reimbursement of a payment amounting to CHF 1,841,476. The amount was paid by a third party (buyer of the appellant's properties) via a debt enforcement office to the respondent to cover incurred development costs. The background of the dispute was a development agreement that provided for cost liability in a future construction project.
The full summary of the judgment can be found in the portal.
6B_401/2024: Judgment on Attempted Killing and Gross Violation of Traffic Rules
Summary of the Facts
A.________ was accused of having used his vehicle multiple times during an incident related to a demonstration by the Union of European Turkish Democrats (UETD) in Bern in 2015 in such a way that persons were hit and injured. According to the indictment, he at least took injuries and even deaths of persons into account. The Bern Higher Court convicted A.________ at second instance of attempted killing to the detriment of several persons and of gross violation of traffic rules. A.________ denied the allegations and invoked self-defense and necessity.
The full summary of the judgment can be found in the portal.
4A_23/2026: Non-Admissibility of an Appeal in Civil Matters Regarding Interim Measures under Unfair Competition Law
Summary of the Facts
A.________ Ltd. markets eyelash serums and complains that a product test advertised on the respondent's website assigns a poor rating to its product. It requested interim measures to delete the test. The lower court dismissed the request as the respondent lacked passive legitimation and no piercing liability existed. Furthermore, there was no legal claim regarding comparative advertising.
The full summary of the judgment can be found in the portal.
6B_102/2026: Dismissal of the Appeal
Summary of the Facts
A.A.________ was convicted by the Geneva Tribunal criminel for various crimes (including murder, attempted killing, threat) to 19 years and 6 months imprisonment and expelled from Switzerland for 12 years. The appellate court confirmed most judgments and additionally convicted him of attempted rape against his ex-wife. This decision as well as the expulsion order were reviewed by the Federal Supreme Court.
The full summary of the judgment can be found in the portal.