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New Federal Court rulings from 06.05.2026

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 detailed summaries with factual backgrounds, considerations, and dispositives. For the further judgments, you will find a summary of the factual background in each case. The full 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.

7B_764/2023: Non-admission of the complaint concerning qualified violation of traffic rules

Summary of the factual background

The complainant was accused of having conducted an unauthorized race with another driver on the A1 motorway on 13 October 2019. In doing so, he allegedly exceeded the permissible maximum speed by 76 km/h, failed to maintain the safety distance, and engaged in a traffic competition by driving side by side in parallel and repeatedly accelerating and slowing down the vehicles.

Summary of the considerations

The Federal Supreme Court found that this was a final decision of a last cantonal instance, the requirements for adjudication on the merits were met, and the complaint was to be admitted. The complainant alleged arbitrary evaluation of evidence and violation of the principle "in dubio pro reo". The lower court based its findings mainly on consistent witness statements, video recordings, a METAS expert report, as well as statements by the complainant and other parties involved. The court did not consider the discrepancies between witness statements and video recordings criticized by the complainant as arbitrary. The findings of fact by the lower court were confirmed. The principle "in dubio pro reo" was regarded as not extending beyond the prohibition of arbitrariness. The objection of prohibited anticipatory evaluation of evidence was rejected due to lack of justification. The objections regarding the inadmissibility of the video recordings were dismissed as unfounded, since the conviction pursuant to Art. 90 para. 3 SVG was confirmed. The complainant's demand to waive the revocation of the earlier conditional sentence was not further considered due to lack of justification.

Summary of the dispositive

The complaint was dismissed, and the court costs were imposed on the complainant. The judgment was communicated to the parties in writing.


7B_319/2026: Non-admission of the complaint concerning objection against penalty order

Summary of the factual background

The complainant lodged an objection against a penalty order issued by the Bischofszell public prosecutor's office on 27 June 2025. The Münchwilen district court discontinued the objection procedure on 9 December 2025 because the objection was withdrawn. The Thurgau cantonal court dismissed the complaint against this decision on 22 January 2026. The complainant filed a criminal complaint with the Federal Supreme Court.

Summary of the considerations

- **E.1:** The complainant does not meet the formal requirements pursuant to Art. 42 para. 2 and Art. 106 para. 2 BGG. There is a lack of substantive engagement with the reasoning of the lower court. - **E.2:** Specific points inadequately addressed in the complaint include in particular: - No statement regarding the alleged non-service of a revocation of the summons before the hearing. - No proof of inability to attend the hearing, although a certificate of incapacity for work was requested. - No engagement with the burdens caused by the criminal proceedings that would justify absence from the hearing. - Appellate criticism of the lower court which does not meet the legal requirements for reasoning.

Summary of the dispositive

The Federal Supreme Court did not admit the complaint and imposed the court costs on the complainant.


7B_1230/2025: Non-admission of the complaint concerning lifting of the sealing

Summary of the factual background

The Federal Supreme Court had to decide on complaints by A.________ against two decisions of the Vaud coercive measures court. The first decision of 13 October 2025 authorized the lifting of the sealing of a data carrier containing data from a laptop and a USB stick, seized in the context of a criminal investigation on suspicion of sexual acts with children and other offenses. The second decision of 3 November 2025 regulated the procedural costs amounting to CHF 114,755.51. A.________ sought refusal of the lifting of the sealing, return of the seized devices, and non-publication of the judgment.

Summary of the considerations

- **E.1:** The Federal Supreme Court links the two complaints due to their substantive connections and treats them in one judgment. - **E.2:** The complaint is admissible as the complainant sufficiently asserts an interference with attorney-client privilege. - **E.3:** The appointment of an external expert for data screening instead of the intended involvement of the BATT is considered lawful. The complainant could not claim another solution due to the police's confidentiality obligations. - **E.4:** There are sufficient grounds for suspicion concerning the offenses alleged against the complainant justifying lifting of the sealing. No detailed evaluation of evidence as in a substantive judgment is required. - **E.5:** The alleged irrelevance of the data is rejected. Even a professionally used laptop may contain relevant data regarding the alleged offenses. - **E.6:** The cost determination for the expert work is treated as an ancillary procedural issue and its review in a possible future main proceeding is declared possible. - **E.7:** A claim for return of the seized devices is rejected due to potential relevance for evidence and confiscation. - **E.8:** The request to waive publication of the judgment is partially rejected while safeguarding data protection; names and identifying details are anonymized.

Summary of the dispositive

The complaints were dismissed and the court costs imposed on the complainant. The request for non-publication was partially rejected.


6B_762/2024: Non-admission of the complaint concerning multiple fraud and expulsion

Summary of the factual background

The Federal Supreme Court had to decide on the criminal cases of A.________, who was convicted, among other things, of multiple, partly attempted fraud and failure to keep proper accounts. He was sentenced to 5 years imprisonment, a fine, a penalty, and a seven-year expulsion order; additionally, a reduced substitute claim was imposed. In his complaint, A.________ requested reduction of the sentence, removal of the expulsion order, and deletion of the substitute claim, but lost on all points.


9C_230/2025: Non-admission of the complaint concerning renewed review of disability claim

Summary of the factual background

The complainant applied to the disability insurance of the canton of Vaud for a renewed review of her claim after a previous benefit award, invoking a deterioration of her health condition. Since she did not sufficiently credibly demonstrate the alleged deterioration within a reasonable period, the administration did not admit the new application. The cantonal instance dismissed the complaint filed against this decision.


5A_376/2025: Non-admission of the complaint concerning irregular payment order

Summary of the factual background

The complainant A.________ requested the annulment of an irregular payment order issued on 10 December 2024 and declared the associated debt collection and attachment invalid, alternatively void. The lower court found that the debt collection office of Lugano violated the legal provisions of the Debt Collection and Bankruptcy Act (SchKG) when issuing the payment order and attachment protocol but rejected the annulment of the debt collection and attachment.


5A_452/2025: Non-admission of the complaint concerning personality rights violation through media reporting

Summary of the factual background

A.________ filed a complaint with the Federal Supreme Court after the Aarau district court and the Aargau cantonal court dismissed a lawsuit for establishing a personality rights violation by identifying media reports. In the articles, he was named in connection with a nationally noted economic criminal trial.


4A_398/2025: Non-admission of the complaint concerning termination and claims for damages

Summary of the factual background

A long-standing advisory activity of an employee for a financial services company led, after negotiations over contract changes, a subsequent termination of the employment relationship and disputes due to an alleged competitive situation, to legal disputes. The employee claimed damages and other claims, while the employer filed a counterclaim. The main dispute was the justification of the summary dismissal.


4A_38/2026: Non-admission of the complaint concerning exclusion from a general partnership

Summary of the factual background

There is a dispute between the parties concerning exclusion from a general partnership according to Art. 577 CO. Within an application for super-provisional and precautionary measures, the respondent requested an injunction against the complainant prohibiting anti-competitive activities. This led to an evidentiary order in the first instance, which the court limited for the sake of procedural acceleration. At cantonal level, the lower court declared a remedy against this inadmissible due to lack of a seriously irreparable disadvantage.


9C_95/2026: Non-admission of the complaint concerning advance payments in tax procedures

Summary of the factual background

The complainant, A.________ AG, filed a complaint against two orders of the Basel-Stadt appellate court, whereby the proceedings concerning additional tax and fines orders were discontinued due to non-payment of advance costs in time.


5A_1127/2025: Non-admission of the complaint concerning care placement of a minor child

Summary of the factual background

The mother (A.A.) of a 13-year-old child (D.A.) opposed the care placement of her daughter ordered on 8 April 2024 by two doctors of the Winterthur cantonal hospital due to acute self-endangerment. The child was in the hospital emergency department on 8 April 2024 after a suicidal incident and a subsequent hospital stay was considered necessary.


2C_689/2025: Non-admission of the complaint concerning revocation of residence permits due to forged documents

Summary of the factual background

Three Brazilian nationals (a mother and her two children) entered Switzerland in 2023 and 2024 and received UE/EFTA residence permits based on Portuguese identity documents. Later, it was found that the documents were forged. The population and migration service of the canton of Fribourg then revoked the permits, which was confirmed by the cantonal administrative court. The affected persons filed a complaint with the Federal Supreme Court demanding the annulment of the revocation and extension of their permits.


1C_15/2026: Approval of the complaint concerning compensation under the Victim Assistance Act

Summary of the factual background

The complainant (A.________), mother of two victims of serious sexual assaults by her then partner, claimed compensation under the Victim Assistance Act (LAVI). The lower court had refused compensation on the grounds that the complainant did not qualify as an indirect victim (Art. 1 para. 2 LAVI). The sexual assaults had severe psychological and emotional effects on the complainant and her daughters.


7B_765/2023: Non-admission of the complaint concerning gross qualified violation of traffic rules

Summary of the factual background

A.________ was convicted for involvement in an unauthorized car race on the A1 motorway. The lower instances found him guilty of gross and grossly qualified violation of traffic rules as well as various other offenses. These acts included, among others, a massive speeding (191 km/h in a 120 km/h zone), braking and sudden acceleration during the race. The conviction included a prison sentence of 22 months, combined with revocation of a previous conditional fine. A.________ requested with the complaint that the conduct not be classified as grossly qualified violation of traffic rules, to be sentenced more leniently, and to waive the revocation.


7B_948/2025: Approval of the complaint concerning DNA profile creation

Summary of the factual background

The complainant, a Guinean national, was controlled in Geneva on 22 May 2025. Criminal proceedings were initiated against him for illegal entry and use of a false identity card. Due to his prior convictions, including violations of the Narcotics Act, the Geneva public prosecutor ordered on 23 May 2025 the creation of a DNA profile pursuant to Art. 255 para. 1bis StPO. The complaint against this decision was dismissed by the cantonal complaints authority on 11 July 2025. The complainant requested the Federal Supreme Court to overturn the DNA profile creation.


2C_221/2026: Non-admission of the complaint concerning restoration of deadline and expulsion custody

Summary of the factual background

The migration office of the canton of Zurich ordered the expulsion custody of A.________, which was confirmed by the coercive measures court of the Zurich district court. The Zurich administrative court subsequently granted A.________'s complaint and ordered release from custody. More than two years late, A.________ filed a complaint with the Federal Supreme Court requesting restoration of the complaint deadline and legal aid.


7B_153/2026: Non-admission of the complaint concerning illegible submission

Summary of the factual background

A.________ filed a criminal complaint against a three-year-old child for an alleged insult dated 10 September 2025 in Basel. The Basel-Stadt youth prosecutor ordered non-prosecution on 7 October 2025 and did not admit the complaint. The complainant filed a complaint with the Basel-Stadt appellate court, which dismissed it on 18 December 2025. The complainant then submitted a handwritten submission to the Federal Supreme Court.


4A_102/2025: Non-admission of the complaint concerning abusive dismissal

Summary of the factual background

An employee (A.________), who had worked since 2003 at a foundation in Geneva as a "Senior Fellow" and was later promoted to head of a division with 50 employees, was dismissed by his employer with notice in January 2018. The dismissal was preceded by an external audit commissioned by the employer concerning the employee's management practices, which revealed, among other things, allegations regarding a stressful work environment and discriminatory behavior. The employee disputed the allegations and claimed a violation of his personality rights, whereupon he contested the dismissal and claimed compensation for abusive dismissal in 2018. The Geneva labor court partially upheld the claim and awarded the employee compensation of CHF 100,002.50. The Geneva appellate instance overturned the judgment and dismissed the claim. The employee then appealed to the Federal Supreme Court.


4D_252/2025: Non-admission of the complaint concerning legal opening and legal aid

Summary of the factual background

A.________ (complainant) was sued in a proceeding for the definitive legal opening for several items of a payment order (including amounts of CHF 800 and CHF 4,000) by B.________ (respondent). The lower court (civil chamber of the canton of Geneva) partially granted the legal opening. A.________ filed a complaint with the Federal Supreme Court and requested annulment or amendment of the judgment as well as exemption from costs by legal aid.


7B_339/2026: Non-admission of the complaint concerning denial and delay of justice

Summary of the factual background

The complainant filed a complaint of denial and delay of justice against the public prosecutor's office of the canton of Fribourg. The Fribourg cantonal court dismissed it insofar as it admitted it. The complainant then appealed to the Federal Supreme Court.


8C_137/2025: Non-admission of the complaint concerning supplementary pension and integrity compensation

Summary of the factual background

The complainant, A.________, suffered a traffic accident in 2008 resulting in significant health impairments, in particular dysfunction of the right arm and right shoulder. Various insurance benefits were granted, including a disability insurance (IV) pension and later a supplementary pension from Helsana accident insurance. The dispute concerned the amount of the supplementary pension and the claim to a higher integrity compensation (IPAI).


4A_658/2025: Non-admission of the complaint concerning legal opening

Summary of the factual background

A.________ (complainant) requested definitive or provisional legal opening for the payment order contested by B.________ SARL (respondent), which was issued by the cantonal debt collection office. The first instance court of the canton of Geneva declared the legal opening requests inadmissible. The civil chamber of the Geneva cantonal court overturned this decision and dismissed the legal opening request. The complainant filed a complaint with the Federal Supreme Court against the Geneva cantonal court's decision.


2C_206/2026: Non-admission of the complaint concerning extension of residence permit

Summary of the factual background

The Albanian national A.________ married a Swiss citizen in 2019 and received a residence permit in 2021 to stay with his wife. Due to the separation of the spouses in 2022, the cantonal authorities rejected his application for extension of the residence permit. After the administrative court of the canton of Zurich rejected his complaint, he appealed the decision to the Federal Supreme Court.


7B_254/2026: Non-admission of the complaint concerning non-admission of a criminal proceeding

Summary of the factual background

The complainant A.________ filed a complaint against the non-admission of a criminal proceeding by the Zurich canton prosecutor's office II. The Zurich cantonal court dismissed her complaint.


8C_552/2025: Non-admission of the complaint concerning integrity compensation

Summary of the factual background

An accident in 2021 led to amputation of the distal phalanx of the complainant's right big toe. The Swiss National Accident Insurance Fund (CNA) denied him integrity compensation (IPAI) on the grounds that no claim-relevant impairment existed. The complainant initially filed an opposition and later a complaint with the cantonal court, both of which were dismissed.


6B_763/2024: Non-admission of the complaint concerning qualified money laundering

Summary of the factual background

A.________ was convicted by the Zurich district court, among other things, of qualified money laundering (Art. 305bis No. 1 in conjunction with No. 2 lit. c StGB), commercial fraud, multiple attempted fraud, mismanagement, and other offenses. The judgment was largely confirmed on appeal by the Zurich higher court, including the prison sentence of 4½ years and a substitute claim of CHF 100,000. A.________ filed a criminal complaint seeking acquittal of the money laundering charge and a milder sentence.


5A_193/2026: Non-admission of the complaint concerning personality rights violation through media reporting

Summary of the factual background

The complainant A.________ was the subject of an article by Neue Zürcher Zeitung AG published in January 2022, which among other things addressed the charge of aiding and abetting fraud and breach of fiduciary duty. A.________ claimed that this article violated his personality rights. The lower court (Zurich higher court) dismissed the lawsuit and subsequent appeal. The Federal Supreme Court had to rule on the complaint filed thereafter.


1C_314/2025: Non-admission of the complaint concerning re-election of a judge

Summary of the factual background

A.________ (born 1953) had served since 1992 as a judge at the Valais cantonal court. His term last ran until 31 May 2025. He ran for re-election for the legislative period 2025–2029. The Grand Council of the canton of Valais refused his re-election on 6 May 2025, reasoning that he would be 76 years old at the end of the new term. A.________ filed a complaint against this decision with the Federal Supreme Court and requested his re-election.


2C_99/2026: Non-admission of the complaint concerning access to files in enforcement proceedings

Summary of the factual background

FINMA opened enforcement proceedings against the complainant (former executive board member of B.________ AG, now C.________ AG) for alleged responsibility for supervisory breaches. He was only partially granted access to files from a closed proceeding, taking into account confidentiality interests of the affected companies. Against a corresponding interim order of FINMA, A.________ appealed to the Federal Administrative Court, which did not admit the complaint as it saw no irreparable disadvantage. A.________ then filed a complaint with the Federal Supreme Court.