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 you with detailed summaries including facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts in each case. 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 legal fields.
6B_462/2025: Judgment concerning commercial fraud and prohibition of evidence use
Summary of the facts
A.________ was convicted by the Solothurn-Lebern District Court of commercial fraud and sentenced to 50 months’ imprisonment. On appeal, the Higher Court of the Canton of Solothurn reduced the sentence to 48 months but upheld the conviction and the obligation to pay damages. A.________ lodged a complaint with the Federal Supreme Court, requesting acquittal and alleging violations of his fundamental rights, particularly due to the use of unlawfully obtained evidence.
Summary of the considerations
The complainant contests the admissibility of observations privately conducted by the insurance company E.________ in 2006 and 2009. He considers these to be an unlawful infringement of fundamental rights. The Federal Supreme Court finds that there was no formal legal basis for the observations in 2006 and 2009 in the Canton of Solothurn. These observations violated Art. 8 ECHR (right to privacy) and Art. 13 BV and are therefore inadmissible as evidence. Regarding the indirect effect of inadmissible evidence pursuant to Art. 141 para. 4 CPP, the lower court must assess whether derivative evidence, such as later observations and medical expert opinions, could have been obtained without the original unlawfully obtained evidence. Due to the remand for reassessment, no further considerations on fact-finding or civil claims were made.
Summary of the dispositive
The complaint is upheld and the judgment of the lower court is overturned. Court costs are imposed and A.________ receives compensation.
9C_37/2026: Decision on the complaint regarding the advance payment of costs obligation
Summary of the facts
The complainant A.________, a person without gainful employment, was obliged by the Compensation Office of the Canton of Valais to pay personal AHV contributions. She lodged a complaint with the cantonal social insurance court of Valais against the resulting decision confirmation. This court obliged her to make an advance payment of 500 CHF under threat of dismissal. A.________ appealed to the Federal Supreme Court, requesting that the advance payment be lifted and the case remanded to the lower court. She also applied for legal aid.
Summary of the considerations
The contested decision on the advance payment obligation is an interim order. According to Art. 93 para. 1 BGG, such an order is only appealable if it could cause an irreparable legal disadvantage. A.________ credibly demonstrated that due to her financial situation she was unable to make the advance payment, which could pose a potential legal disadvantage. The Federal Supreme Court reviews the law ex officio. The present complaint relates in particular to an alleged violation of Art. 29 BV (right of access to court) and the principle of proportionality. The lower court acted correctly in requiring an advance payment pursuant to cantonal law. The complainant had not provided sufficient information about her financial situation in the cantonal proceedings and did not apply for court assistance. The lower court thus did not make an unlawful decision. The complaint is manifestly unfounded. The application for legal aid for the Federal Supreme Court proceedings is rejected due to lack of prospects of success.
Summary of the dispositive
The Federal Supreme Court dismissed the complaint, did not charge any costs, and rejected the application for legal aid. The judgment was communicated to the parties.
7B_274/2025: Dismissal of an application for legal counsel
Summary of the facts
A.________ was sentenced by the President of the Lenzburg District Court for neglect of maintenance obligations to a conditional prison sentence and a fine. He lodged an appeal and applied for the appointment of legal counsel. The Higher Court of the Canton of Aargau rejected this application, whereupon A.________ filed a criminal complaint with the Federal Supreme Court.
Summary of the considerations
- **E.1**: The Federal Supreme Court finds that criminal complaints against the cantonal final decision refusing legal counsel are admissible. The other prerequisites for judgment are met, so the complaint is generally admissible. - **E.2**: It is stated that a sufficient reasoning of the complaint is required. Here, the complainant does not fulfill the reasoning requirements. In particular, substantiated objections regarding a verifiable legal violation are missing. - **E.3.1-3.5**: The complainant does not present circumstances that would justify necessary defense under Art. 130 CPP, especially there is no indication of a condition preventing him from independently safeguarding his procedural interests (E.3.3). Also, with regard to the provisions on legal counsel under Art. 132 para. 1 CPP, no federal law violation is found (E.3.4). Individual requests not related to the subject matter of the proceedings are not admitted (E.3.5). - **E.4**: The Federal Supreme Court considers the complaint manifestly unfounded. Court costs are imposed on the complainant.
Summary of the dispositive
The complaint was dismissed and court costs were imposed on the complainant. The parties and the lower court were informed of the judgment.
2C_173/2026: Inadmissibility of the complaint
Summary of the facts
A.________ addressed the Federal Supreme Court with a complaint against a decision of the Higher Court of the Canton of Schaffhausen. The Higher Court did not enter into a complaint by A.________ concerning a violation of professional attorney rules because the advance payment of costs was not made. The dispute concerned in particular the cost order and a later letter from the Higher Court stating that no legal remedy was possible against the invoice of the cost order.
The full summary of the judgment can be found in the portal.
9C_229/2025: Revision of a disability pension claim
Summary of the facts
A.________ (born 1982) had been receiving a full disability pension since 2002, granted based on a degree of disability of 87%. In 2020, the IV office of the Canton of Zurich initiated a review of the pension claim. Based on medical and professional assessments, especially an expert report from estimed AG dated December 10, 2021, the IV office ordered on April 9, 2024 the termination of the pension as of the end of May 2024. The complaint against this decision filed with the Social Insurance Court of the Canton of Zurich was dismissed on February 10, 2025.
The full summary of the judgment can be found in the portal.
4A_2/2026: Decision on the suspensive effect of an appeal in an organizational law procedure
Summary of the facts
The complainant (A.________) filed a complaint against two presidential orders of the Higher Court of the Canton of Zug dated December 2, 2025 and December 10, 2025. These orders concerned the suspensive effect of an appeal in connection with the appointment of a guardian to remedy organizational deficiencies of B.________ AG (Respondent 1). The complainant requested that the appeal of the respondents not be granted suspensive effect. The lower court rejected this. The Federal Supreme Court examined whether the appeal against the later presidential orders was admissible.
The full summary of the judgment can be found in the portal.
8C_175/2026: Judgment on accident insurance (procedural requirement)
Summary of the facts
The complainant A.________ lodged a complaint against a judgment of the Social Insurance Court of the Canton of Basel-Stadt, which confirmed the objection decision of the Swiss National Accident Insurance Fund (Suva). Suva terminated medical treatment and daily allowance benefits as of June 30, 2024, but granted a disability pension for an accident-related degree of disability of 13% and a compensation for impairment based on a 20% loss of integrity.
The full summary of the judgment can be found in the portal.
5A_1079/2025: Inadmissibility of the complaint in bankruptcy proceedings
Summary of the facts
The A.________ GmbH in liquidation filed a complaint against the bankruptcy office of the Canton of Thurgau and contested various aspects of the bankruptcy proceedings, especially regarding the inventory, claims verification, and handling of assets. After dismissal of the complaint before the lower court, the complainant finally turned to the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
5A_272/2026: Decision not to enter on the request for revocation of a guardianship
Summary of the facts
The complainant, whose guardianship was ordered during his divorce in 2001 and later converted into a representative guardianship with income and asset management, requested the revocation of the guardianship on August 20, 2025. The Child and Adult Protection Authority (KESB) Arbon rejected this request on December 4, 2025, as did the Higher Court of the Canton of Thurgau by decision of March 4, 2026. The complainant appealed this decision to the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
2C_145/2026: Judgment concerning the seizure of a dog and measures under animal protection law
Summary of the facts
The complainant, a Ukrainian national, filed a complaint against the seizure of her dog by the Veterinary Office of the Canton of Thurgau and resulting measures. The lower court, the Administrative Court of the Canton of Thurgau, dismissed the complaint or did not enter into it, reasoning that there was no subject-matter jurisdiction and the legal interest in protection had lapsed after a final decision was issued in the same matter. The complainant appealed this decision to the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
6B_921/2024: Judgment on the complaint concerning murder and evaluation of evidence
Summary of the facts
The respondent A.________ was charged in connection with the killing of E.B.________. He was accused of sneaking into the victim's room during the night of September 2 to 3, 2018, and inflicting fatal stab wounds with a sword-like weapon. The Horgen District Court convicted A.________ of murder and sentenced him to 14 years imprisonment and expulsion. On appeal, the Higher Court of the Canton of Zurich acquitted A.________, citing doubts regarding the evidence (claims for compensation by the private plaintiff were dismissed). After a successful complaint by the Chief Public Prosecutor on procedural grounds, the Higher Court acquitted him again (judgment dated July 3, 2024). The present complaint is directed against this by the Chief Public Prosecutor's Office.
The full summary of the judgment can be found in the portal.
2C_455/2025: Judgment on the granting of a short-term residence permit for marriage preparation
Summary of the facts
The complainant, a Ghanaian national, requested the issuance of a short-term residence permit to prepare for marriage with a German national, having previously lived in Switzerland due to a dissolved marriage. She applied for this permit before the Migration Office of the Canton of Zurich, which was refused because no foreseeable marriage was established and suspicion of abuse of law existed. Her legal remedies before the cantonal authorities were unsuccessful.
The full summary of the judgment can be found in the portal.
9C_86/2025: Partial granting of complaint regarding disability pension
Summary of the facts
The complainant (born 1974) was last employed 60% as a qualified nurse. After an accident in June 2011, she applied for benefits from disability insurance (IV). The IV recognized a degree of disability of 62% and granted her a three-quarter pension for the period June 1, 2012, to November 30, 2014. Due to later submitted applications, the pension entitlement began on August 1, 2012. From April 1, 2019, a degree of disability of 7% was calculated, with no further pension entitlement. The complainant applied before the lower court for a retroactive full disability pension for the period January 1, 2013, to November 30, 2014, a half pension from April 1, 2019, and additional vocational retraining.
The full summary of the judgment can be found in the portal.
2C_143/2026: Rejection of an application for funding contributions for a rotary piston machine
Summary of the facts
A.________ applied twice to the Office for Water and Energy of the Canton of St. Gallen for funding contributions for a technical project (rotary piston machine). The application was rejected each time because the project had no sufficient connection to the Canton of St. Gallen and was deemed insufficiently concrete. After unsuccessful legal remedies (Construction and Environment Department and Administrative Court of the Canton of St. Gallen), A.________ lodged a complaint with the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
9C_304/2024: Judgment on the basis for the transfer tax in the Canton of Bern
Summary of the facts
The complainants (A.A.________ AG, B.A.________ AG, and the pension fund C.A.________) received independent and permanent building rights through building lease contracts with the municipality of Bern in 2017. The contract price of a work contract concluded with a general contractor was included in addition to the building lease rent in the basis for the transfer tax. The complainants contested this and requested a reduction of the tax. The lower court, the Administrative Court of the Canton of Bern, dismissed the complaint and affirmed the tax assessment based on the total price (building lease rent + work fee).
The full summary of the judgment can be found in the portal.
4A_636/2025: Judgment on group daily sickness allowance insurance under VVG
Summary of the facts
The complainant was insured under a group daily sickness allowance insurance and claimed daily allowances for the period June 29, 2022, to May 15, 2023, arguing that the waiting period for health insurance had already expired before June 29, 2022. The Insurance Court of the Canton of Aargau dismissed the claim. The complainant appealed to the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
2C_174/2026: Mutual assistance under the Switzerland-Italy DTA
Summary of the facts
In the present case, the Italian tax authority submitted a mutual assistance request to the Federal Tax Administration (FTA) concerning tax matters of a natural person and a legal entity (B.________ Sàrl). It related to the review of the "Step-Up" according to the provisions of the Switzerland-Italy DTA and Art. 61a DBG. The complainants filed a complaint against the final decision of the FTA ordering the disclosure of information, particularly regarding the document "Allegato 7". The lower court, the Federal Administrative Court (FAC), partially upheld the complaint but instructed the FTA to inform the requesting state about confidentiality obligations and restrictions on use. Otherwise, the FAC dismissed the complaint.
The full summary of the judgment can be found in the portal.
6B_499/2025: Judgment concerning sentencing
Summary of the facts
The complainant A.________ was sentenced by the District Court I Upper Valais in the first instance to an unconditional prison sentence of 36 months and an additional unconditional fine. The conviction was based on multiple embezzlements, fraud, forgery, fraudulent bankruptcy, failure to keep accounts, and violations of the Foreign Nationals and Integration Act (AIG). The Cantonal Court of Valais increased the prison sentence to 42 months and reduced the fine on appeal. The complainant challenges the sentencing before the Federal Supreme Court with regard to the amount and execution of the sentence (conditional or partially conditional).
The full summary of the judgment can be found in the portal.
7B_132/2026: Non-entry on a complaint regarding dismissal of a criminal proceeding
Summary of the facts
The Schwyz Public Prosecutor's Office discontinued criminal proceedings against A.________ with costs to the state by order of December 4, 2025, but did not grant compensation or satisfaction. The Cantonal Court of Schwyz did not enter into the complaint against this decision by order of December 23, 2025. A.________ then filed a complaint with the Federal Supreme Court on February 2, 2026, requesting among other things the annulment of the lower court decisions, remand of the case to an independent judicial authority, and grant of further procedural rights.
The full summary of the judgment can be found in the portal.
8C_124/2026: Judgment on unemployment insurance
Summary of the facts
The complainant contested a judgment of the Administrative Court of the Canton of Bern which denied entitlement to unemployment benefits. The lower court justified this with the absence of the minimum contribution period of twelve months required under Art. 13 para. 1 AVIG and the rejection of an exemption from the contribution period under Art. 14 AVIG.
The full summary of the judgment can be found in the portal.
9C_157/2025: Decision on tax residence relocation and assessment of direct federal tax
Summary of the facts
The complainants, residents of the Canton of Zurich, acquired a property in U.________, Canton of Zug, in 2017 and registered a new main residence there. The Cantons of Zurich and Zug both claimed the complainants’ tax residence for the tax periods 2017-2020. The Federal Tax Administration (FTA) decided that the Canton of Zurich was responsible for the assessment of the direct federal tax. The Federal Administrative Court confirmed this decision. The complainants appealed to the Federal Supreme Court, requesting that the Canton of Zug be declared the responsible assessing canton.
The full summary of the judgment can be found in the portal.
8C_5/2026: Withdrawal of the complaint
Summary of the facts
The complainant A.________ filed a complaint against a decision of the Cour de justice de la République et canton de Genève, Chambre des assurances sociales, dated November 20, 2025. However, this was withdrawn by letter dated March 16, 2026 (postmark).
The full summary of the judgment can be found in the portal.
9C_311/2025: Start of pension entitlement for a disability pension
Summary of the facts
The 1966-born A.________ applied in 2020 for benefits from disability insurance. After medical examinations and an expert report, the IV office of the Canton of Aargau granted him a full disability pension from September 1, 2020. However, the pension fund (AXA Occupational Pension Foundation) considered that the pension start should be brought forward to August 1, 2020, and filed a complaint. The Insurance Court of the Canton of Aargau dismissed the complaint. AXA then appealed to the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
9C_208/2026: Inadmissibility of the complaint concerning tax proceedings
Summary of the facts
The spouses A.A.________ and B.A.________ filed a complaint against a judgment of the Cantonal Court of Fribourg dated February 11, 2026, which dismissed their complaint against the objection decision of the Cantonal Tax Administration of Fribourg dated August 25, 2025. Disputed were, among other things, medical expenses in the 2019 tax period and a requested recusal of a judge.
The full summary of the judgment can be found in the portal.
5A_132/2026: Judgment concerning the ranking plan
Summary of the facts
The complainant, a GmbH in liquidation, opposed the decision of the Higher Court of the Canton of Thurgau regarding the ranking plan in the bankruptcy opened against it. Before the Federal Supreme Court, it requested, among other things, access to the files and alleged procedural defects.
The full summary of the judgment can be found in the portal.
8C_161/2026: Inadmissibility of the complaint in the field of disability insurance
Summary of the facts
The complainant A.________ appealed against the judgment of the Insurance Court of the Canton of Solothurn dated February 4, 2026. The proceedings concerned whether the non-entry of the IV office Solothurn on her re-application for benefits was lawful. The IV office had justified the non-entry with missing evidence of deterioration of health status.
The full summary of the judgment can be found in the portal.
5A_1126/2025: Nullity of a higher court decision
Summary of the facts
The A.________ GmbH in liquidation requested the declaration of nullity of a decision of the Higher Court of the Canton of Thurgau dated September 30, 2024, which confirmed the opening of bankruptcy against the company. The Higher Court did not enter into the company's renewed request in a circular decision dated November 25, 2025. Against this non-entry decision, the complainant filed a complaint with the Federal Supreme Court on December 29, 2025.
The full summary of the judgment can be found in the portal.
5F_5/2026: Revision of the judgment concerning bankruptcy proceedings
Summary of the facts
The A.________ GmbH in liquidation requests revision of the Federal Supreme Court judgment 5A_742/2025, which dismissed the complainant's complaint regarding the nullity of the bankruptcy opening. In the course of the revision, the complainant alleges new facts and evidence as well as violation of the right to be heard. It also requests access to the files and legal aid.
The full summary of the judgment can be found in the portal.
9C_155/2026: Inadmissibility of the complaint
Summary of the facts
A decision of the Cour des assurances sociales of the Tribunal cantonal of the Canton of Vaud declared the complaint of A.________ against a decision of the cantonal IV office inadmissible and struck the case from the register. The complainant then turned to the Federal Supreme Court but after being requested did not provide sufficient reasoning.
The full summary of the judgment can be found in the portal.
6B_865/2025: Judgment concerning commercial theft and multiple violations of postal and telecommunications secrecy
Summary of the facts
A.________ was convicted by the Federal Criminal Court (Appeals Chamber) of commercial theft and multiple, partly attempted violations of postal and telecommunications secrecy. As an employee of B.________ AG, he unlawfully opened postal items of a bank with intent to enrich himself and stole cash. The lower court sentenced him to a suspended prison sentence of 12 months and a suspended fine.
The full summary of the judgment can be found in the portal.