Latest Judgments of the Federal Supreme Court
Here you will find the most recent judgments of the Federal Supreme Court (FSCD) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositives. For the other 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.
5A_273/2026: Non-admission of the appeal concerning the return of a child and visitation rights
Summary of the facts
The judgment concerns two appeals by the mother of a minor child regarding the return of the child to Spain and the modalities of visitation rights during the return procedure. After the separation of the unmarried parents (who last lived in Spain), the mother moved with the child to Switzerland against the father's will and evaded court decisions ordering the return. The father requested the immediate return of the child based on the Hague Convention on the Civil Aspects of International Child Abduction (CLaH80), while the mother raised objections. The lower court, the Child and Adult Protection Authority of the Canton of Neuchâtel (CMPEA), ordered the return of the child to Spain along with corresponding protective measures.
Summary of the considerations
The two proceedings were consolidated and dealt with jointly due to their close factual connection. Regarding the question of the child's integration in Switzerland (Art. 12 para. 2 CLaH80): the mother was unable to provide sufficient proof that the daughter is fully integrated in Switzerland. The mother’s secretive, unstable living situation, combined with her complete dependence on a religious community, violates the conditions for a new permanent residence of the child in Switzerland. The lower court addressed the alleged abuse accusations against the father and rejected them as not credible and unsubstantiated. The court’s assessment was based on implausibilities and contradictions in the mother’s statements as well as the fact that the psychological reports submitted were not neutral. The Federal Supreme Court confirmed this view. The “guarantees” demanded by the appellant for contact with the child in Spain were rejected as these measures are the responsibility of the competent courts in Spain. Regarding the ordering of strict protective measures and restriction of the mother’s visitation rights, the Federal Supreme Court confirmed that these measures are justified due to the risk of flight. The mother had repeatedly taken actions to prevent the return. The Federal Supreme Court ordered the immediate return of the child, maintaining the previous protective measures until the return.
Summary of the dispositive
The mother's appeals are dismissed and the return of the child to Spain is ordered. The existing protective measures remain in force until the return, and no court costs are charged.
7B_426/2026: Non-admission of the appeal concerning pre-trial detention
Summary of the facts
A.________ was arrested on suspicion of qualified violation of the Narcotics Act (Art. 19 para. 2 lit. a BetmG) and other offenses after cocaine and cash were seized during a house search. The coercive measures court of Lucerne ordered pre-trial detention, which was repeatedly extended. The Lucerne Cantonal Court confirmed the extension. A.________ requests release from detention or the ordering of substitute measures before the Federal Supreme Court.
Summary of the considerations
The prerequisites for pre-trial detention pursuant to Art. 221 para. 1 CCP include, among others, a well-founded suspicion, risk of collusion or flight, and proportionality of detention. The lower court affirmed the risk of collusion based on various investigative actions and evidence. The detention extension was deemed proportionate. A.________ was unable to provide plausible reasons against this assumption. The petition for legal aid and representation is granted.
Summary of the dispositive
The appeal is dismissed and the petition for legal aid is granted without charging court costs.
4A_624/2025: Non-admission of the appeal concerning termination of a lease agreement
Summary of the facts
The appellant (tenant) concluded a lease agreement with respondent 3 (landlord) in 2017 for an apartment. In 2020, the landlord terminated the lease using an official form. The appellant contested the termination and requested the annulment of the termination, rent deferral, temporary rent reduction, and damages. During the proceedings, the rental rights were transferred to respondents 1 and 2. The courts largely upheld the termination and eviction, with disputes over the reasons for termination and alleged defects of the rental property. The appellant appealed the last cantonal decision to the Federal Supreme Court.
Summary of the considerations
- **E.1:** The appellant requested recusal of the entire first civil law division of the Federal Supreme Court. The court held that there were no objectively justified grounds for recusal and no basis for suspending the proceedings. - **E.2:** The Federal Supreme Court found that the contested decision is partly a partial decision and partly an interlocutory decision. Interlocutory decisions are not admitted if the conditions are not met. - **E.4:** The main issue was whether the termination was abusive due to a housing conflict between the appellant and other tenants or due to alleged defects. The lower court deemed the termination justified and not abusive due to the conflict between tenants. The Federal Supreme Court assessed the factual findings and found no arbitrariness in the evaluation of evidence. A connection between the termination and the claimed rights was rejected. - **E.4.6:** The lower court pointed out the eviction period to be granted and considered the duration (30 days after the decision becomes final) proportionate. The appellant’s assertion of health problems did not change this, as sufficient time was available to find alternative housing.
Summary of the dispositive
The appeal was dismissed, and the tenant must pay court costs and compensation to the landlord. The judgment was served on the parties and the Cantonal Supreme Court of Thurgau.
8C_585/2025: Non-admission of the appeal concerning reimbursement of supplementary AHV/IV benefits
Summary of the facts
The deceased B.________ received supplementary benefits to AHV/IV from 1997 to 2019. After her death, it became known that assets (bank deposits and real estate in Italy) had not been declared. The cantonal compensation office thus demanded reimbursement of undue benefits as well as health insurance premium reductions and medical expenses totaling CHF 177,838.25 from one of her heirs, A.________. The contested decision of the compensation office was confirmed by the cantonal insurance court in 2025. A.________ then filed an appeal with the Federal Supreme Court.
The full summary of the judgment is available on the portal.
8C_448/2025: Non-admission of the appeal concerning mandatory accident insurance of an operational managing director
Summary of the facts
A.________, operational managing director and shareholder of C.________ GmbH, suffered an accident on November 30, 2023. The Helvetia accident insurance company, with which he was reported by the GmbH to be mandatorily insured under UVG, initially recognized liability but later denied it on the grounds that A.________ was not an employee within the meaning of the UVG. The insurance court of the Canton of St. Gallen found that A.________ is considered an employee and thus mandatorily insured under UVG.
The full summary of the judgment is available on the portal.
4D_31/2026: Non-admission of the appeal concerning lease agreement and procedural issues
Summary of the facts
The appellant was a tenant of an apartment of the respondent until August 31, 2024. In connection with a conciliation procedure initiated by the respondent, the appellant filed a request to postpone the hearing date and for access to files, which was partially denied by the conciliation authority. The Cantonal Court of St. Gallen declared a later request for provisional suspension of the conciliation hearing as moot and dismissed the appeal against the conciliation authority’s order. The appellant challenged this decision before the Federal Supreme Court.
The full summary of the judgment is available on the portal.
6B_992/2025: Admission of the appeal concerning forgery of documents
Summary of the facts
A.________ was convicted in the first instance by the police court of the Lausanne district on January 27, 2025, for forgery of documents (90 daily fines of CHF 150 each, conditional, and a fine of CHF 2,700). The lower court, the criminal court of the Canton of Vaud, reduced the sentence on September 10, 2025, acquitted A.________ on one count but still convicted him on a second count. A.________ then filed an appeal to the Federal Supreme Court.
The full summary of the judgment is available on the portal.
9F_3/2026: Non-admission of the appeal concerning revision of tax judgments
Summary of the facts
In the present proceedings, the taxpayer A.________ requested the revision of several earlier judgments of the Federal Supreme Court from 2024 and 2025 concerning tax periods 2021 and 2022. The petitioner alleged tax discrimination and argued that he had no opportunity to submit his tax returns correctly. He also requested legal aid and the appointment of a lawyer.
The full summary of the judgment is available on the portal.
1C_195/2026: Non-admission of the appeal concerning party status in the mutual legal assistance procedure
Summary of the facts
The Belgian authorities are conducting criminal proceedings against several persons, including the managing director of A.________ Inc., for money laundering, participation in a criminal organization, and other offenses. In this context, Switzerland was requested in 2021 for international legal assistance, particularly for securing and handing over data stored on servers of D.________ GmbH. The Zurich Canton Prosecutor's Office III admitted the request for legal assistance but did not grant A.________ Inc. party status or party rights in the legal assistance procedure.
The full summary of the judgment is available on the portal.
5A_348/2026: Non-admission of the appeal concerning legal aid in the modification proceedings of a divorce decree
Summary of the facts
In the modification proceedings of a divorce decree, the District Court of Zurich rejected the appellant’s request for legal aid. The Zurich Cantonal Supreme Court did not admit the appeal against this order due to failure to meet the ten-day appeal deadline. Before the Federal Supreme Court, the appellant requested, among other things, the annulment of the Cantonal Supreme Court’s decision and again applied for legal aid for the proceedings.
The full summary of the judgment is available on the portal.
4A_131/2026: Non-admission of the appeal concerning precautionary measures for management authority
Summary of the facts
The dispute concerned precautionary measures regarding the appellant's management authority. The Cantonal Supreme Court ordered part of the requested measures, set a deadline for initiating a prosecution claim, and lifted further restrictions. The appellant wished to challenge these orders before the Federal Supreme Court.
The full summary of the judgment is available on the portal.
8C_340/2025: Partial admission of the appeal concerning compensation for impairment of integrity
Summary of the facts
The appellant, A.________, suffered several accidents and medical complications leading to complaints in the knee, right hand, left arm, and hearing impairment. The Swiss Accident Insurance Institution (CNA) initially granted him a disability pension of 28% and compensation for impairment of integrity of 27.5%. Later these were increased to a disability pension of 37% and compensation for impairment of integrity of 42.5%. Coverage of medical treatment was partially discontinued. A cantonal appeal by the appellant requesting a higher disability pension and compensation was dismissed.
The full summary of the judgment is available on the portal.
4A_579/2025: Non-admission of the appeal concerning employment contract and gap filling
Summary of the facts
The A.________ AG operates a car garage and initially employed B.________ as a salesperson, later as workshop and aftersales manager. The employment contract provided for a fixed salary and a variable compensation, the specific parameters and amounts of which were not conclusively determined. After termination of the employment relationship, B.________ claimed, among other things, variable compensations. The district court of Münchwilen awarded him a partial amount of CHF 2,525.75 and further CHF 7,500 and obliged the employer to partially correct the employment reference. The Cantonal Supreme Court of Thurgau increased the awarded variable compensation to a total of CHF 25,000, upon which the employer filed an appeal with the Federal Supreme Court.
The full summary of the judgment is available on the portal.
6B_144/2026: Non-admission of the appeal concerning rape and bodily harm
Summary of the facts
The appellant was convicted by the Cantonal Court of Valais, II Criminal Chamber, on January 19, 2026, inter alia for rape, sexual acts with an incapacitated or resistant person, simple bodily harm, and a violation of the Weapons Act. He received a prison sentence of 3 years with partial probation for 18 months and 8 daily fines of CHF 250 each, also conditional. Furthermore, he was ordered to pay damages of CHF 1,000 for bodily harm. The other civil claims of the respondent were referred to the civil court. The appellant challenged this judgment before the Federal Supreme Court, requesting full acquittal or remand to the lower court.
The full summary of the judgment is available on the portal.
6B_2/2026: Non-admission of the appeal concerning illegal stay
Summary of the facts
A.________, a Filipino national, was convicted by the Police Court of the Canton of Geneva for illegal stay pursuant to Art. 115 para. 1 lit. b LEI to a conditional fine of 30 daily fines. He stayed in Switzerland from January to May 2025 without a valid residence permit. His appeal request and application for legal aid were rejected by the Penal Chamber of Appeal and Revision of the Court of Justice of the Canton of Geneva. A.________ filed an appeal against this decision with the Federal Supreme Court.
The full summary of the judgment is available on the portal.
4A_98/2026: Non-admission of the appeal concerning right of inspection under Art. 697b CO
Summary of the facts
The respondent (B.________ AG) requested inspection of business books and documents of the appellant (A.________ AG), in which it holds just under 33% of the share capital. After the appellant rejected the inspection request, the respondent turned to the Commercial Court of the Canton of Zurich, which granted the inspection request and allowed the appellant inspection. The appellant then filed a civil appeal before the Federal Supreme Court to annul the decision and to not admit the inspection request.
The full summary of the judgment is available on the portal.
4A_29/2026: Non-admission of the appeal concerning obligation to pay an amount
Summary of the facts
The appellant, Aa.________ AG, challenges by civil appeal a decision of the Cantonal Court of Valais, which imposed on it the obligation to pay an amount of CHF 1,569,749.05 plus interest. The Canton of Valais claims this sum based on a final decision of the State Council of April 2, 2020, which the appellant considers null and void.
The full summary of the judgment is available on the portal.
4F_6/2026: Non-admission of the appeal concerning recusal motions and revision
Summary of the facts
The petitioners requested the recusal of the president of the Cantonal Supreme Court of Uri in 2024 but were rejected. They filed an appeal with the Federal Supreme Court in 2025, together with a new recusal request against members of the Federal Supreme Court, which was not admitted. In a submission from March 2026, they requested revision of the relevant Federal Supreme Court judgment.
The full summary of the judgment is available on the portal.
4A_52/2026: Non-admission of the appeal concerning restitution for unjust enrichment
Summary of the facts
The respondent (plaintiff) paid the appellant (defendant) monthly EUR 7,000 during a trial employment as a private chef. After the transfer of the employment relationship to the plaintiff's real estate company (C.________ AG), the latter employed the defendant for a gross salary of CHF 8,020 per month. Due to an erroneously continuing standing order, the respondent continued to transfer EUR 7,000 per month to the appellant between May 2021 and June 2022, totaling EUR 91,000. The respondent demanded repayment of these amounts due to unjust enrichment.
The full summary of the judgment is available on the portal.
8C_739/2024: Non-admission of the appeal concerning the determination of the insured earnings for a disability pension
Summary of the facts
In the present case, the insured earnings of an insured person claiming a disability pension from the Swiss Accident Insurance Institution (Suva) after an accident were disputed. The main question was whether the insured earnings should be determined based on the last salary before unemployment or a hypothetical salary from professional training.
The full summary of the judgment is available on the portal.
8C_575/2025: Non-admission of the appeal concerning reimbursement of social assistance benefits
Summary of the facts
A.________ was ordered by the Ufficio del sostegno sociale e dell'inserimento of the Canton of Ticino (USSI) to reimburse social support benefits amounting to CHF 42,413.55, as he allegedly cohabited with B.________ during the benefit period (February 2023 to July 2024) and made incorrect or incomplete statements. Additionally, he was imposed a sanction of CHF 300 per month for three months. The Ticino Insurance Tribunal confirmed these decisions in its order of September 1, 2025. A.________ filed an appeal with the Federal Supreme Court.
The full summary of the judgment is available on the portal.
4A_138/2026: Non-admission of the appeal concerning contestation of termination of a lease agreement
Summary of the facts
The appellants A.A.________ and B.A.________ had concluded an open-ended lease agreement with the municipality of C.________ for an apartment. The municipality terminated the lease, and the appellants contested the termination and its consequences before various courts. Following the partial decision of the Uri District Court, the termination was confirmed as valid. An appeal to the Cantonal Supreme Court of Uri was unsuccessful. The appellants then appealed to the Federal Supreme Court.
The full summary of the judgment is available on the portal.
6B_965/2025: Non-admission of the appeal concerning fraud allegation
Summary of the facts
A.________, an Italian national and former architect, was found guilty of fraud (Art. 146 para. 1 SCC) in two instances for having obtained CHF 102,000 from B.________ for a construction project through misleading statements, which was not feasible from the outset. Despite partial repayment, A.________ was accused of knowingly presenting an unfeasible project and thus harming the financial interests of B.________.
The full summary of the judgment is available on the portal.
5A_801/2024: Non-admission of the appeal concerning spousal maintenance contributions and child support
Summary of the facts
A.________ and B.________, both French nationals, married in 2021 after eleven years of cohabitation and separated at the end of 2021 or early 2022. The protective measures of the district judge of Monthey dated October 30, 2023, were partially amended in a decision of the single judge of the II Civil Chamber of the Cantonal Court of Valais on October 17, 2024. A.________ appealed against this decision aiming to eliminate spousal maintenance contributions and reduce child support.
The full summary of the judgment is available on the portal.
8C_40/2026: Non-admission of the appeal concerning withdrawal
Summary of the facts
The appellant, A.________, filed an appeal on January 15, 2026, against a decision of the I Social Security Division of the Cantonal Court of Fribourg dated December 15, 2025. By letter dated February 26, 2026, the appellant declared that he was withdrawing his appeal.
The full summary of the judgment is available on the portal.
2C_437/2024: Non-admission of the appeal concerning exemption from authorization for transfer of real estate to trusts
Summary of the facts
The proceedings concern the transfer of a holiday apartment in the Canton of Bern to the "A.________ Trust" by foreign property owners. The government governorate had determined an exemption from authorization, which the Federal Office of Justice (FOJ) challenged. The Administrative Court of the Canton of Bern confirmed the exemption subject to specific conditions. The FOJ filed an appeal with the Federal Supreme Court against this decision.
The full summary of the judgment is available on the portal.
8C_657/2025: Non-admission of the appeal concerning conducting an expert opinion
Summary of the facts
An accident caused severe injuries to the left eye of the appellant, who worked as a mason. The Swiss Accident Insurance Institution (SUVA) initially granted benefits but closed the case in May 2020. After objections and judicial reviews, the issues concerned the degree of disability and the necessary performance of additional medical examinations. The lower court ordered a bi-disciplinary (ophthalmological and psychiatric) expert opinion by SUVA instead of conducting it itself. The appellant appealed to the Federal Supreme Court requesting the expert opinion to be conducted directly by the court.
The full summary of the judgment is available on the portal.