Latest Federal Supreme Court Judgments
Here you will find the most recent judgments of the Federal Supreme Court (FSCS) 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 for 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.
2C_570/2025: Non-admission of the appeal regarding school promotion
Summary of the facts
The appellant, a student born in 2008 with a chronic illness (sickle cell disease), seeks to transfer to the first grade of a commercial school or the school for general education after failing a preparatory stage. Due to her poor academic performance and numerous unexcused absences, this request was denied by the competent authorities. After exhausting the cantonal appeals process, she turned to the Federal Supreme Court with an appeal.
Summary of the considerations
The Federal Supreme Court examines its jurisdiction and the admissibility of the present legal remedy. The path of appeal in public law matters is excluded according to Art. 83 lit. t BGG, as this concerns a decision on the assessment of capacities. The reviewable remedy is therefore limited to the subsidiary constitutional complaint, which is subject to strict requirements for justification. The lower court found no discrimination based on the appellant’s health condition and concluded that neither Art. 8 para. 2 BV nor Art. 24 of the Convention on the Rights of Persons with Disabilities were violated. Furthermore, no legal violations according to, inter alia, Art. 19 BV are apparent, as the appellant’s school alternatives do not affect fundamental rights. The legal framework of cantonal law, which allows promotion after an extraordinary exception, was properly applied, with the poor academic success and unexcused absences of the appellant arguing against such an exception. Possible individualizations of the educational path were rejected by her or her mother.
Summary of the dispositive
The appeal is dismissed and the subsidiary constitutional complaint is rejected, as is the request for legal aid. The court costs are imposed on the appellant.
6B_1001/2025: Upholding the appeal regarding objection against a penal order
Summary of the facts
A.________ was convicted in June 2024 by penal order of defamation and extortion. The Wallis public prosecutor discontinued another criminal proceeding against A.________ for coercion and threats. A.________ filed an objection against the penal order, whereby the lower courts (District Court Visp and Cantonal Court Wallis) considered the objection late. A.________ requested the Federal Supreme Court to establish the timeliness of the objection.
Summary of the considerations
- E.1: The appellant alleges violations of Art. 112 para. 1 lit. b BGG (duty to state reasons), Art. 29 para. 2 BV (right to be heard) and arbitrary findings of fact. - E.2: The Federal Supreme Court explains the requirements for reasoning of a decision and the corresponding obligation to raise complaints. It sees no violation of the mentioned norms by the lower court. - E.3: The lower court found that the objection period had expired as the penal order was correctly served on June 12, 2024, to the father of the then legal representative. The lower court assumed apparent authority. - E.4: The Federal Supreme Court denies that apparent authority was given since the facts do not show that the father of the legal representative regularly received mail on her behalf. The service of the penal order was therefore not correct, which excludes the expiration of the deadline. - E.5: Since the lower court violated federal law, its order is annulled and the case is remanded for a new decision.
Summary of the dispositive
The appeal was upheld, the lower court's order was annulled, and the case was remanded for a new decision. No court costs were incurred, and the canton of Wallis must compensate the appellant.
2C_587/2025: Non-admission of the appeal regarding school transfer
Summary of the facts
The proceedings concern a transfer to another school ordered by the director of the child's previous school due to serious conflicts between the child's mother and the school. The mother appealed the decision because she considered the transfer detrimental to her child's welfare. After the lower courts dismissed her complaints, she appealed to the Federal Supreme Court.
Summary of the considerations
The Federal Supreme Court first clarifies its jurisdiction and the admissibility of the appeal. It finds no exclusion ground under Art. 83 BGG and that the requirements for granting the appeal are met. The subject matter, a school transfer, falls under public law. The Federal Supreme Court states that it applies the law ex officio. The review of cantonal law is limited to freedom from arbitrariness. The appeal is limited to clearly formulated and substantiated complaints; deficient arguments are not considered. The complaint of violation of the right to be heard (Art. 29 para. 2 BV) due to the service of short deadlines is examined. The Federal Supreme Court sees no violation, as the mother had sufficient time to comment on the school transfer decision, and this measure was understandable to ensure the start of the new school year. The appeal argues that the ordered school transfer was disproportionate and violated the child's welfare. The Federal Supreme Court examines whether the cantonal authorities acted free from arbitrariness in applying the proportionality principle (Art. 5 para. 2 BV) and considering the child's welfare (Art. 11 BV, Art. 3 CRC). The court finds that the lower courts acknowledged the serious collapse of cooperation caused by the mother's behavior, which made support of the child in the previous school impossible. The transfer was carefully weighed and relevant interests considered. The improvement of the child's academic performance and social integration after the transfer as well as the relief of conflict-laden relations with the old school confirm the measure. The complaint of disproportionality is dismissed as unfounded.
Summary of the dispositive
The Federal Supreme Court dismisses the appeal, rejects legal aid, and imposes court costs on the appellant.
2C_85/2024: Non-admission of the appeal regarding professional practice permit as pharmacist
Summary of the facts
A French national with a pharmacist diploma from Germany applied for a professional practice permit under his own professional responsibility in the canton of Fribourg. The application was rejected because he did not have the required continuing education certificate, which the lower court confirmed.
Full summary of the judgment can be found in the portal.
5A_917/2025: Non-admission of the appeal regarding division of a share certificate and an attorney’s entitlement to represent
Summary of the facts
The case concerns a contentious civil law question regarding the division of a certificate of 38 registered shares and the issue of an attorney’s entitlement to represent. A conflict-laden factual situation arose from a request to divide the share certificate as well as a prior authorization of the attorney involved in the proceedings by several parties. The Federal Supreme Court examines whether a concrete conflict of interest affects the attorney's capacity to represent.
Full summary of the judgment can be found in the portal.
5A_296/2026: Non-admission of the appeal regarding denial of justice and inspection of files in bankruptcy proceedings
Summary of the facts
The appellant, a GmbH in liquidation, challenges a circular decision of the Thurgau Cantonal Court, which acted as the cantonal supervisory authority over debt enforcement and bankruptcy. She alleged formal denial of justice and "systematic denial of access to files" and requested a renewed review of various procedural acts already subject of previous proceedings. The Cantonal Court did not admit the appeal and imposed the procedural costs jointly on her and her managing director. The present appeal to the Federal Supreme Court criticizes legal violations which essentially concern an allegedly unlawful handling of access to files.
Full summary of the judgment can be found in the portal.
9C_355/2025: Non-admission of the appeal regarding disability insurance
Summary of the facts
The insured, A.________, applied for disability insurance benefits in May 2019, which the cantonal office rejected by decision of December 10, 2019. Following a remand decision by the Jura Cantonal Court, the office carried out further investigations, including a multidisciplinary assessment. By decision of March 4, 2024, the office again rejected the benefit applications. The Jura Cantonal Court dismissed an appeal against this decision by judgment of May 19, 2025. The insured then appealed to the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
4A_200/2025: Non-admission of the appeal regarding claims arising from contractual relationship
Summary of the facts
A former employee (B.________) of a travelling trades business asserted claims against his former employer (A.________ Sàrl) arising from the contractual relationship, particularly the reimbursement of unpaid expenses and outstanding commissions. The employer denied the claims and made a counterclaim. After the lower court partially decided in favor of the employee, the Federal Supreme Court was called upon.
Full summary of the judgment can be found in the portal.
7B_221/2026: Non-admission of the appeal regarding dismissal order of the public prosecutor
Summary of the facts
The Lucerne Cantonal Court did not admit an appeal of the appellant against the dismissal order of the public prosecutor on January 21, 2026. The appellant challenged this by filing a criminal appeal with the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
8C_152/2026: Non-admission of the appeal regarding termination of social assistance
Summary of the facts
A.________, a recipient of social assistance, was requested by the Social Commission of the municipality of Marly to either submit an application to the program for inter-institutional cooperation in social work (PITSC) or apply for disability insurance benefits. Since he failed to do so, the financial social assistance was terminated as of March 31, 2025. The lower court confirmed this decision, as the conditions for social assistance under the subsidiarity principle were not met.
Full summary of the judgment can be found in the portal.
4A_76/2026: Non-admission of the appeal regarding acknowledgment of debt
Summary of the facts
At the center of the proceedings is an acknowledgment of debt signed by the deceased E.________ on July 26, 2018, for CHF 790,800 in favor of B.________. This acknowledgment refers to a loan agreement originally concluded between companies whose beneficial owners were the two parties. After the death of E.________, his wife A.________ was appointed heir and party to the proceedings. She disputed the personal debt of her late husband and filed a claim for release from the claim. The lower court dismissed this claim.
Full summary of the judgment can be found in the portal.
7F_14/2026: Non-admission of the appeal regarding revision of judgment 7B_51/2026
Summary of the facts
A.________ requested revision of judgment 7B_51/2026, in which the Federal Supreme Court had not admitted an appeal he filed. His request for revision was based on the alleged revision ground of Art. 121 lit. d BGG, as the judgment was, in his view, based on an obvious oversight.
Full summary of the judgment can be found in the portal.
5F_12/2026: Non-admission of the appeal regarding revision of the judgment on the construction worker’s lien
Summary of the facts
A.________ GmbH requested revision of the Federal Supreme Court judgment (5D_58/2025) of January 12, 2026. The original proceedings involved, among other things, a construction worker’s lien as well as a request for legal aid, which was rejected at all instances. The Federal Supreme Court had previously not admitted A.________ GmbH’s appeal due to insufficient reasoning and had also rejected the legal aid request due to lack of prospects. The applicant for revision claimed in the current proceedings that the court overlooked relevant documents (Art. 121 lit. d BGG).
Full summary of the judgment can be found in the portal.
2C_672/2025: Non-admission of the appeal regarding residence permit
Summary of the facts
The appellant, a U.S. citizen, appealed the determination by the cantonal authorities of Neuchâtel that his residence permit had expired due to lack of residence in Switzerland. However, the Neuchâtel Cantonal Court declared the appeal inadmissible on October 16, 2025, due to non-payment of the required advance on costs within the deadline.
Full summary of the judgment can be found in the portal.
7B_273/2026: Non-admission of the appeal regarding non-admission of the case
Summary of the facts
The Zurich Cantonal Court, III Criminal Chamber, did not admit an appeal of the appellant against the non-admission order of the Zurich II Public Prosecutor's Office on January 26, 2026. The appellant appealed this decision to the Federal Supreme Court on March 2, 2026.
Full summary of the judgment can be found in the portal.
7B_85/2023: Non-admission of the appeal regarding occupational accident and standing to appeal
Summary of the facts
A.A.________ suffered serious injuries in a work accident on November 23, 2017, which rendered him incapable of judgment and disabled. The Graubünden public prosecutor discontinued the criminal proceedings against the employer (C.________ AG) and its employees several times, most recently on August 24, 2021. The appeal of A.A.________ and his wife B.A.________ against the renewed discontinuation was dismissed by the Graubünden Cantonal Court on February 22, 2023. A.A.________ and B.A.________ appealed to the Federal Supreme Court in criminal matters.
Full summary of the judgment can be found in the portal.
4A_118/2025: Non-admission of the appeal regarding mandate liability in connection with tax matters
Summary of the facts
The appellant A.________, a former bakery and confectionery business owner, sold his sole proprietorship and the entire shares of a GmbH he founded in 2008. Due to the close economic linkage between these two entities, the tax authorities qualified the profit from the sale of the company shares as taxable income from self-employment. A.________ accused the two respondents, a trustee (B.________) and a later mandated fiduciary company (C.________ SA), of breaching their professional duties by not sufficiently informing him about the tax consequences of these sales.
Full summary of the judgment can be found in the portal.
5A_137/2026: Non-admission of the appeal regarding recognition and enforcement of a foreign judgment
Summary of the facts
The case concerns the recognition and enforcement of a foreign judgment regulating the visitation rights of a child's mother. The father requests the annulment of the enforceability and recognition declaration of a French judgment pronounced in Switzerland as well as an imposed fine. The cantonal lower court dismissed the father's appeal due to insufficient reasoning.
Full summary of the judgment can be found in the portal.
2C_217/2026: Non-admission of the appeal regarding residence permit
Summary of the facts
The Federal Supreme Court dealt with an appeal by a Kosovar national (born 2005), whose EU/EFTA residence permit was lawfully revoked in 2024. A subsequent application for a new residence permit was rejected by the cantonal instances. The appellant requested the granting of a residence permit based on vocational training and protection of private life under Art. 8 ECHR.
Full summary of the judgment can be found in the portal.
9C_619/2025: Non-admission of the appeal regarding hearing aid supply within the framework of disability insurance
Summary of the facts
A.________ (born 1998) applied in 2024 to the disability insurance office of the canton of Aargau for provision of a hearing aid. The office granted a lump sum of CHF 1,650 for binaural hearing aid supply but rejected a hardship application to cover additional costs. This rejection was confirmed by the Aargau Insurance Court. A.________ then appealed in public law matters to the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
4A_228/2024: Non-admission of the appeal regarding legal aid and provisional legal enforcement
Summary of the facts
A.________ was director since 2016 and, from June 2017, sole managing director of a company that went bankrupt in 2021. Between 2005 and 2014, the bank B.________ granted credit limits to the company, partly secured by joint guarantees. In 2016, A.________ concluded a joint guarantee of up to CHF 100,000. After the company’s bankruptcy, the bank demanded payment from A.________ under the guarantee. A.________ refused and claimed to have been deceived. Debt enforcement proceedings were initiated; A.________ filed an objection and motions, including for suspension of proceedings. The Federal Supreme Court had previously (decision 5A_210/2023) remanded the matter to the lower court. The lower court again ruled in favor of the bank, against which A.________ filed an appeal to the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
7B_173/2026: Non-admission of the appeal regarding non-admission of the case
Summary of the facts
The appellant lodged an appeal against the non-admission order of the Zurich-Limmat public prosecutor dated December 3, 2024. The Zurich Cantonal Court, III Criminal Chamber, dismissed his appeal. The appellant brought a criminal appeal to the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
2C_481/2025: Non-admission of the appeal regarding legal aid
Summary of the facts
A.________ was obliged by the Swiss Federal Inspectorate for Heavy Current Installations (ESTI) to submit a safety certificate for an electrical low-voltage installation to the municipality of U.________ and to pay fees of CHF 732. A.________ filed a complaint with the Federal Administrative Court and applied for legal aid. The Federal Administrative Court rejected the request, as the legal claims were deemed hopeless after a summary examination. A.________ then turned to the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
6B_691/2025: Non-admission of the appeal regarding public demonstrations
Summary of the facts
The appellants (A.________, B.________, C.________, D.________ and E.________) participated in several demonstrations in Lausanne, during which public traffic routes were deliberately blocked. These actions were partly carried out under the names of movements like "Extinction Rebellion" and led to massive disruptions of public transport and general order. The police intervened after several calls to clear the area. The participants offered passive resistance.
Full summary of the judgment can be found in the portal.
9C_668/2025: Non-admission of the appeal regarding loss offset after change from holding taxation to ordinary taxation
Summary of the facts
A.________ AG, based in the canton of Schwyz, was taxed under the holding privilege until 2019. In 2019, it switched to ordinary taxation. For the 2020 tax period, the tax administration of the canton of Schwyz rejected the loss offset of a loss from the 2018 tax period (CHF 1,549,727) because the company was still taxed as a holding company in 2018. After an unsuccessful objection, A.________ AG appealed to the administrative court of the canton of Schwyz, which dismissed it. With an appeal in public law matters, A.________ AG demanded a tax-free determination of profit for 2020 taking into account the offsetting of the 2018 loss before the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
4A_228/2025: Non-admission of the appeal regarding eviction from a service apartment
Summary of the facts
The parties are involved in a long-standing dispute over a tenancy related to a concierge contract. The appellants had worked as concierges since 1986 and had a service apartment at their disposal. Numerous conflicts and mutual accusations occurred. The condominium owners’ association (PPE) issued termination notices several times and demanded the eviction of the apartment, which the appellants refused.
Full summary of the judgment can be found in the portal.
8C_419/2025: Upholding the appeal regarding accident insurance benefits
Summary of the facts
The respondent, A.________, suffered an accident in 2017 and was insured through the Swiss National Accident Insurance Fund (SUVA). By decision of March 12, 2022, SUVA terminated medical benefits and daily allowances as of January 31, 2022, as the health condition was considered stabilized. Additionally, entitlement to disability pension and compensation for loss of integrity was denied. After submission of a new medical report, this decision was confirmed in a reconsideration decision on May 30, 2022. The cantonal instance partially upheld the appeal, after which SUVA brought the case before the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
7B_237/2026: Non-admission of the appeal regarding late objection against penal order
Summary of the facts
The appellant filed a criminal appeal against the decision of the St. Gallen indictment chamber of February 16, 2026, which dismissed his appeal against the non-admission decision of the See-Gaster district court. The lower court had found that the objection against the penal order of the St. Gallen public prosecutor was filed late.
Full summary of the judgment can be found in the portal.
5A_808/2025: Non-admission of the appeal regarding child support and legal costs
Summary of the facts
- A.A. (appellant) and D. (respondent) married in 2009, separated in 2016, and have two children together (born 2013). The separation was regulated by court from 2016. - In 2023, the marriage was dissolved and ancillary matters such as parental custody, support, and property division were settled. The Wil district court imposed court costs equally and waived party compensation. - The St. Gallen cantonal court partially overturned the district court’s decision regarding child support and property law and referred the property division back to the first instance for reconsideration. - A.A. filed a civil appeal with the Federal Supreme Court requesting a new determination of child support and lifting of the cost order.
Full summary of the judgment can be found in the portal.