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New Federal Court rulings from 04.05.2026

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 areas of law.

5F_7/2026: Non-admission of the complaint concerning the request for revision and recusal

Summary of the Facts

An applicant filed a request for revision against a previous judgment of the Federal Supreme Court (5A_245/2026) and requested the recusal of certain federal judges and court clerks. He justified this with alleged bias and procedural errors as well as a classification perceived as defamatory as "querulous". Furthermore, he claimed that central evidence had not been taken into account and that the court costs imposed on him were ruinous.

Summary of the Considerations

- **(E.1)** The facts describe the course of the proceedings, including the dismissal of a request for complaint on delay by the lower courts as well as the non-admission of the original complaint by the Federal Supreme Court in judgment 5A_245/2026. - **(E.2)** The alleged grounds for recusal do not meet the legal requirements (Art. 34 para. 2 FPC). Neither procedural errors nor erroneous decisions generally justify the appearance of bias. The Federal Supreme Court considered the applicant’s behavior as abusive litigation. - **(E.3)** A revision of a Federal Supreme Court judgment can only be requested for the definitive reasons set out in Art. 121-123 FPC. The request does not fulfill the statutory minimum requirements (Art. 42 paras. 1 and 2 FPC) and evidently serves to reconsider the legal situation, which is impermissible. - **(E.4)** There is no sufficient justification for a ground of revision regarding the central evidence. At the same time, the accusations against the Federal Supreme Court amount to baseless harassment. - **(E.5)** The request for legal aid is rejected due to obvious lack of prospects (Art. 64 para. 1 FPC).

Summary of the Dispositive

The requests for recusal and the request for revision are not admitted. The request for legal aid is dismissed, and the court costs are imposed on the applicant.


4A_143/2026: Non-admission of the complaint concerning inadmissible cassatory requests

Summary of the Facts

A.________ was ordered to pay B.________ a claim of CHF 318,542 plus interest, and definitive legal enforcement of this amount was granted (first-instance judgment of 2 December 2024). A.________'s appeal against this judgment was dismissed by the Cour d'appel civile of the Cantonal Court of Vaud on 13 February 2026, as far as it was admissible. Subsequently, on 23 March 2026, A.________ filed a complaint to the Federal Supreme Court, but limited it to cassatory requests without addressing the subject matter of the dispute.

Summary of the Considerations

The Federal Supreme Court examines the admissibility of complaints ex officio and freely. According to Art. 42 para. 1 FPC, a complaint must contain specific requests that address the subject matter of the dispute. Cassatory requests alone are insufficient. A complaint that does not meet this requirement is obviously inadmissible. In this case, the complaint contained only cassatory requests. The Federal Supreme Court declared the complaint obviously inadmissible pursuant to Art. 108 para. 1 lit. a FPC in simplified proceedings.

Summary of the Dispositive

The complaint was declared inadmissible and court costs were imposed on A.________. No party compensation was granted.


5A_277/2026: Non-admission of the complaint concerning private debt restructuring

Summary of the Facts

The See-Gaster District Court dismissed on 18 February 2026 a request for the conduct of an amicable private debt restructuring by the complainant. The Cantonal Court of St. Gallen, single judge for complaints under the Debt Enforcement and Bankruptcy Act (SchKG), dismissed an appeal against this decision on 10 March 2026, as far as it was admissible. Against this decision, the complainant filed a complaint to the Federal Supreme Court on 26 March 2026.

Summary of the Considerations

The Federal Supreme Court emphasizes that according to Art. 42 para. 2 FPC, a complaint must contain a sufficiently reasoned engagement with the essential considerations of the contested decision. The Cantonal Court found that the complainant did not sufficiently engage with the detailed reasoning of the District Court and merely repeated earlier positions. Neither a surplus in the household budget nor mobilizable resources for the debt restructuring were claimed or substantiated. In his complaint to the Federal Supreme Court, the complainant does not provide a substantiated engagement with these considerations, but primarily contests the findings of fact and reiterates the payment proposal already made before the lower court. Thus, the complaint does not meet the requirements for sufficient reasoning under Art. 108 para. 1 lit. b FPC.

Summary of the Dispositive

The Federal Supreme Court did not admit the complaint and did not charge court costs.


7B_229/2026: Non-admission of the complaint concerning enforcement of detention

Summary of the Facts

The complainant, who has been detained since 2005, requested escorted leave to maintain social contacts. The request was dismissed by the cantonal office for prison execution and by the subsequent instances because the leave was deemed incompatible with the individual execution plan. The complaint before the Federal Supreme Court is directed against the judgment of the Administrative Court of the Canton of Aargau.


7B_567/2024: Non-admission of the complaint concerning refusal to initiate proceedings

Summary of the Facts

A.________ filed a criminal complaint for fraud regarding the purchase of a camera body that was not delivered after payment of CHF 987. The Public Prosecutor's Office of the Canton of Geneva refused to initiate proceedings pursuant to Art. 310 para. 1 lit. b CCP due to lack of sufficient suspicion. This order was confirmed by the lower court. With the complaint to the Federal Supreme Court, A.________ requests the annulment of the non-admission order and the initiation of criminal proceedings.


7B_21/2026: Non-admission of the complaint concerning legal aid and non-admission

Summary of the Facts

The Federal Supreme Court was to decide on a complaint directed against an order of the President of the Court of Appeal of the Canton of Basel-Stadt dated 13 November 2025. By the order, the complainant’s request for legal aid in connection with a non-admission order of the Basel-Stadt Public Prosecutor’s Office was dismissed.


6B_492/2024: Non-admission of the complaint concerning sentencing and violation of the acceleration requirement

Summary of the Facts

A.________ was initially partially acquitted and sentenced to 5 years and 9 months imprisonment by the Regional Court of Bernese Jura-Seeland. The Higher Court of the Canton of Bern increased this sentence to 7 years and 9 months. The acceleration requirement was found to be violated in both instances. A.________ requested the Federal Supreme Court to reduce the sentence to a maximum of 4 years and 10 months, taking into account further violations of the acceleration requirement. He also sought a change in the cost allocation.


7F_9/2026: Non-admission of the complaint concerning revision and recusal request

Summary of the Facts

The applicant A.________ requested revision of the Federal Supreme Court judgment 7F_55/2025 of 6 January 2026, by which her earlier request for revision against judgment 7B_1167/2025 was dismissed. At the same time, she filed a recusal request against Federal Judge Abrecht, Federal Judge Koch, and Court Clerk Sauthier.


9C_77/2025: Non-admission of the complaint concerning direct federal tax

Summary of the Facts

The Federal Tax Administration had decided that a capital gain from the sale of shares was to be taxed as income from self-employment (A.b, A.c). The taxpayers accepted an oral agreement on the tax treatment (A.d), which was later reviewed by the cantonal instances (C.b).


7B_766/2025: Non-admission of the complaint concerning passive private bribery

Summary of the Facts

A.________ was accused of demanding a payment of EUR 2,000 in 2020 in his function as court usher for B.________ AG from a job applicant for a position and of having intimidated another employee by telephone to prevent him from speaking about his business practices. The summary penalty order procedure of the Basel-Stadt Public Prosecutor's Office led to a conviction, which was confirmed after objection before the criminal court and appeal before the Court of Appeal.


4A_431/2025: Non-admission of the complaint concerning provisional legal enforcement of a payment order

Summary of the Facts

In the dispute over the provisional legal enforcement of a payment order amounting to CHF 1,550 plus interest, the Civil Court of the Canton of Jura granted legal enforcement. The affected party (the complainant) unsuccessfully appealed to the lower court, the Civil Chamber of the Cantonal Court of Jura, before filing a complaint with the Federal Supreme Court. During the ongoing proceedings, the respondent withdrew the underlying debt collection.


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