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 including facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts in each case. 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.
7B_236/2026: Non-admission of the appeal concerning summons to penal custody
Summary of the facts
The appellant was summoned to penal custody for the execution of the substitute custodial sentence after failing to pay a court-imposed fine. The lower courts confirmed the admissibility of the summons, after which the appellant filed an appeal with the Federal Supreme Court.
Summary of the considerations
- E.1: The appeal supplement dated 19 February 2026 was submitted late and is disregarded. - E.2.1: The subject of the dispute is solely the summons to penal custody. The appellant's submissions on other topics are not considered. - E.3.1: The appeal must be sufficiently substantiated pursuant to Art. 42 para. 2 BGG. Substantiated criticism of the reasoning of the lower court is required. - E.3.2: The lower court held that a deferral of penal custody is to be granted only restrictively. The appellant had sufficient time to submit evidence but did not do so. A mere certificate of incapacity for work is not sufficient to prove incapacity to serve custody. The appellant does not substantively engage with these findings. - E.4: In accordance with the outcome of the proceedings, court costs are imposed on her, taking her financial situation into account.
Summary of the dispositive
The Federal Supreme Court did not admit the appeal and imposed court costs on the appellant.
7B_252/2026: Non-admission of the appeal concerning confinement in a security cell
Summary of the facts
A.________ filed an appeal with the Federal Supreme Court against a judgment of the Court of Appeal of the Canton of Basel-Stadt (as administrative court) dated 10 February 2026. This judgment concerned the confinement of A.________ in a specially equipped security cell.
Summary of the considerations
- E.1: The appellant filed the appeal on 25 February 2026. The Federal Supreme Court did not request any statements and examined the submission. - E.2: The appeal does not meet the legal requirements for substantiation. The appellant did not engage in any way with the reasoning of the contested judgment and instead criticized the psychiatric expert report concerning him. This type of argumentation is considered purely appellate criticism. According to Art. 42 para. 2 and Art. 106 para. 2 BGG and relevant case law (e.g., BGE 148 IV 356 E. 2.1), the appeal is manifestly inadmissible. - The procedure was handled under the simplified non-admission procedure according to Art. 108 para. 1 lit. b BGG. Additionally, the request for legal aid was rejected as the submission was considered hopeless (Art. 64 para. 1 BGG). Reduced court costs were imposed on the appellant taking his financial situation into account (Art. 65 para. 2 and Art. 66 para. 1 BGG).
Summary of the dispositive
The Federal Supreme Court did not admit the appeal and dismissed the request for legal aid. In addition, court costs of CHF 500 were imposed.
6B_1/2026: Non-admission of the appeal concerning brawling and bodily injury
Summary of the facts
On 26 September 2024, the single judge of the Broye Police Court convicted C.________, A.A.________, and B.A.________ inter alia for brawling. A.A.________ and B.A.________ were also found guilty of simple bodily injury. Both were sentenced to fines with conditional execution, and their civil claims were declared inadmissible. On 17 November 2025, the Criminal Appeals Chamber of the Freiburg Cantonal Court partially overturned the lower court's decision regarding C.________ and acquitted him. The appeals of A.A.________ and B.A.________ were dismissed. The dispute concerned an altercation on 30 December 2021 which escalated physically. A.A.________ and B.A.________ filed an appeal with the Federal Supreme Court requesting annulment of the cantonal judgment and a reassessment of the case.
Summary of the considerations
The Federal Supreme Court examines sua sponte its jurisdiction and the admissibility of the appeal. Although the final requests of the appellants are generally inadmissible, the appeal was admitted since it concerned their conviction. The appellants criticized the evaluation of evidence and the factual findings by the lower court, particularly invoking the in dubio pro reo principle. The Federal Supreme Court found that the lower court’s evaluation of evidence, especially regarding the parties' statements, was not arbitrary. Appellate criticism by the appellants was inadmissible. The appellants argued that the lower court incorrectly applied the statutory provisions on brawling (Art. 133 SCC) and self-defense (Art. 15 SCC). The Federal Supreme Court noted that these complaints were based on a factual representation differing from that of the lower court and were therefore inadmissible. The appellants’ submissions concerning an alleged procedural defect (lack of translation for their mother) were declared inadmissible as this argument was raised for the first time before the Federal Supreme Court.
Summary of the dispositive
The appeal was dismissed and the request for legal aid was rejected. Court costs were imposed on the appellants.
2C_715/2025: Non-admission of the appeal concerning restoration of deadline
Summary of the facts
The appellant A.________ was excluded from studies at the University of Bern due to failing the legal introductory studies. He filed an appeal against this decision with the appeals commission on 15 September 2025, which deemed the appeal late and did not admit it. Subsequently, the appellant requested restoration of the appeal deadline before the administrative court but was rejected. He then appealed this administrative court judgment to the Federal Supreme Court, requesting annulment of the lower court decision and restoration of the deadline.
Full summary of the judgment is available in the portal.
4A_114/2026: Non-admission of the appeal concerning payment order
Summary of the facts
In the context of a payment order for CHF 42,832.30 issued by the debt enforcement offices of the districts of Sion, Hérens and Conthey, the first-instance court (Tribunal de Sion) granted provisional legal opening for CHF 31,500 at the creditors’ request on 11 November 2025. The Cantonal Court of Valais declared the debtor's appeal inadmissible on 2 February 2026 because she did not engage with the reasoning of the first-instance judgment.
Full summary of the judgment is available in the portal.
2C_306/2025: Dismissal of the appeal concerning residence permit
Summary of the facts
The appellants A.A.________, B.A.________, C.A.________ and D.A.________ come from Russia and Hungary and have been residing in Switzerland since 2018. Their legal basis for residence was EU/EFTA residence permits, which were not renewed after A.A.________ lost Hungarian citizenship. The canton of Ticino ultimately refused all further permits (residence and settlement permits) for the family. This was confirmed by the State Council of the canton of Ticino and the Administrative Court of the canton of Ticino.
Full summary of the judgment is available in the portal.
2C_174/2025: Granting of the appeal concerning cross-border commuter permit
Summary of the facts
An Italian citizen applied on 30 September 2021 to the Department of Institutions of the canton of Ticino for an EU/EFTA cross-border commuter permit for a 25% employment (10 hours weekly) as an engineer at B.________ SAGL in the canton of Ticino. The permit was denied in July 2023 because B.________ SAGL was not considered an independent, actual, and effective activity in Switzerland but rather a branch of D.________ S.R.L. in Italy. This decision was confirmed by the State Council of the canton of Ticino and the Administrative Court of the canton of Ticino. The parties concerned filed an appeal with the Federal Supreme Court requesting annulment of the lower court decision and reassessment or direct issuance of the cross-border commuter permit.
Full summary of the judgment is available in the portal.
5A_285/2026: Non-admission of the appeal concerning modification of provisional measures
Summary of the facts
The unmarried parties are parents of the daughter C.________ born in 2021. In the provisional measures, sole custody was awarded to the mother. Later, the district court allowed the mother to register the daughter with a pediatrician and have her cared for in a private kindergarten, as well as to adapt the father's visitation times. The Zurich Cantonal Court dismissed the appeal against this. The father now requests the Federal Supreme Court to place the daughter under his sole parental care and custody, as well as further subsidiary requests.
Full summary of the judgment is available in the portal.
6B_839/2025: Non-admission of the appeal concerning sexual acts on a person incapable of judgment or resistance
Summary of the facts
The appellant A.____ was convicted in second instance by the Criminal Appeals and Revision Chamber of the Court of Justice of Geneva for sexual acts on a person incapable of judgment or resistance, committed in complicity, to a conditional prison sentence of eight months. In addition, he was ordered to pay damages and compensation for pain and suffering to the injured party. The appellant requested acquittal before the Federal Supreme Court.
Full summary of the judgment is available in the portal.
5A_303/2026: Non-admission of the appeal concerning delay in enforcement proceedings
Summary of the facts
The appellant, daughter of the deceased testator who died on 7 May 2025, filed an appeal against a judgment of the district court of Uster dated 10 November 2025 on inheritance matters with the Zurich Cantonal Court. She also filed a delay in enforcement complaint on 13 March 2026. The Cantonal Court dismissed the restoration of the appeal deadline and did not admit the appeal. The delay complaint was forwarded to the Federal Supreme Court for jurisdiction.
Full summary of the judgment is available in the portal.
5A_299/2026: Non-admission of the appeal concerning suspensive effect in connection with a seizure
Summary of the facts
The appellant requested the annulment of an order by the Bern Cantonal Court, which as supervisory authority in debt enforcement and bankruptcy matters had refused suspensive effect (seizure). The background of the order was a planned police presentation of the appellant at the Bern-Mittelland debt enforcement office.
Full summary of the judgment is available in the portal.
4A_536/2025: Non-admission of the appeal concerning advance payment of costs in legal opening proceedings
Summary of the facts
The appellant (A.________) filed five appeals with the Federal Supreme Court in various proceedings resulting from legal opening proceedings. The starting point was several decisions and orders of the Zurich Cantonal Court. All appeals concern decisions related to advance payment of costs and procedural questions. The appellant mostly did not make the required advance payments and claimed that delivery of court documents was refused by the post office.
Full summary of the judgment is available in the portal.
7B_158/2026: Non-admission of the appeal concerning psychiatric assessment
Summary of the facts
The appellant A.________ filed an undated criminal appeal with the Federal Supreme Court against the decision of the Court of Appeal of the canton of Basel-Stadt dated 12 January 2026. The subject of the proceedings was the order of a psychiatric assessment.
Full summary of the judgment is available in the portal.
6B_559/2025: Non-admission of the appeal concerning money laundering
Summary of the facts
The appellant A.________ was convicted by the Police Court of the canton of Geneva and subsequently by the appeal instance of the cantonal judiciary for having fulfilled the elements of money laundering according to Art. 305bis SCC between 2019 and 2020. This concerned funds from fraudulent activities transferred via a foundation account to other accounts to conceal their criminal origin. Involved victims who suffered significant financial losses sued for damages.
Full summary of the judgment is available in the portal.
2E_6/2024: Non-admission of the appeal concerning hospital damages during the COVID-19 pandemic
Summary of the facts
The plaintiffs, five companies operating hospitals and clinics in Switzerland, claimed damages amounting to CHF 15,702,999 from the Swiss Confederation. This claim was based on the government-ordered restriction of medical interventions during the COVID-19 pandemic between 17 March 2020 and 26 April 2020. They alleged that the Federal Council committed an unlawful act by introducing Art. 10a of the COVID-19 Ordinance 2.
Full summary of the judgment is available in the portal.
5A_356/2025: Non-admission of the appeal concerning post-marital maintenance and matrimonial property settlement
Summary of the facts
The parties married in 2001 but separated in 2016. By judgment of 17 May 2023, the marriage was dissolved, but proceedings regarding the ancillary matters remained open. At first instance, it was determined that no post-marital maintenance was owed, and a matrimonial property settlement of CHF 224,229.45 was ordered. The Cantonal Court of Solothurn, on appeal, obliged the appellant (husband) to pay the respondent (wife) CHF 2,000 monthly post-marital maintenance and reduced the property settlement to CHF 212,959.45.
Full summary of the judgment is available in the portal.
2C_175/2025: Granting of the appeal concerning cross-border commuter permit
Summary of the facts
An Italian citizen (K.________) applied on 30 September 2021 to the canton of Ticino for an EU/EFTA cross-border commuter permit for part-time work as an engineer. The application was refused because his Swiss employer (B.________ SAGL) was not considered an independent operational unit but rather a branch of an Italian company (D.________ S.R.L.). This decision was confirmed by the State Council of the canton of Ticino and later by the Administrative Court of the canton of Ticino. Subsequently, K.________ and B.________ SAGL filed an appeal with the Federal Supreme Court.
Full summary of the judgment is available in the portal.
7B_1188/2025: Non-admission of the appeal concerning advance payment of costs and legal aid
Summary of the facts
The A.________ Immobilien AG filed a criminal appeal against an order of the Valais Cantonal Court. At the same time, it submitted a request for reduction of the advance payment of costs and for legal aid, as legal entities are generally not entitled to legal aid. The requested advance payment corresponded to Federal Supreme Court practice. After an unsuccessful payment deadline, the Federal Supreme Court set a final, non-extendable grace period. Since payment was not made, the Federal Supreme Court did not admit the appeal.
Full summary of the judgment is available in the portal.
8C_231/2026: Non-admission of the appeal concerning formal and substantiation defects
Summary of the facts
The appellant filed an appeal against an order of the Federal Administrative Court dated 4 February 2026 (C-9712/2025). However, the appeal brief contained only procedural requests and no substantive reasoning. Furthermore, the contested order was missing from the submitted documents.
Full summary of the judgment is available in the portal.
1C_144/2026: Non-admission of the appeal concerning cantonal vote on political rights for foreigners
Summary of the facts
Arun Bolkensteyn challenged the result of a cantonal vote of the canton of Vaud dated 28 September 2025 on the amendment of Art. 142 of the constitution of the canton of Vaud, which provided for easier access to political rights for foreigners. She particularly criticized misleading information from the "No" committee shortly before the vote. After her request was dismissed by the State Council and the Constitutional Court Commission of the Vaud Cantonal Court, Ms. Bolkensteyn filed an appeal with the Federal Supreme Court requesting annulment of the voting result.
Full summary of the judgment is available in the portal.
5A_989/2025: Non-admission of the appeal concerning suspension of deadlines in summary bankruptcy proceedings
Summary of the facts
The judgment deals with the question whether the rules on suspension of deadlines according to Art. 145 para. 4 CPC and Art. 56 para. 2 SchKG apply in summary bankruptcy opening proceedings. A.________ AG filed a late appeal against bankruptcy opening, whereupon the Cantonal Court of Aargau declared non-admission. A.________ AG then requested the Federal Supreme Court to oblige the cantonal court to substantively examine the appeal.
Full summary of the judgment is available in the portal.