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New Federal Court rulings from 04.06.2026

Latest Judgments of the Federal Supreme Court

Here you will find the most recent judgments of the Federal Supreme Court (FSCR) 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 only. 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 legal fields.

4D_77/2026: Non-admission of the appeal concerning advance on costs

Summary of the Facts

The appellant A.________ filed an appeal against a decision of the Civil Chamber of the Cour de justice of the Canton of Geneva dated May 5, 2026. In this decision, she was set a final deadline to pay an advance on costs of 150 Swiss francs. The Federal Supreme Court requested by order of May 12, 2026, that she pay an advance on costs of 500 Swiss francs by no later than May 27, 2026. On May 13, 2026, the appellant withdrew her appeal.

Summary of the Considerations

- E.1: The withdrawal of the appeal causes the proceedings to become moot. The single judge decides on the deletion of the matter from the business register pursuant to Art. 32 para. 2 FSCA. - E.2: No court costs are charged pursuant to Art. 66 para. 2 FSCA.

Summary of the Dispositive

The Federal Supreme Court takes note of the withdrawal of the appeal and strikes the proceedings from the business register. No court costs are charged.


7B_1349/2025: Non-admission of the appeal concerning participation in psychiatric examination

Summary of the Facts

A criminal investigation was opened against A.________ on suspicion of rape and sexual abuse. The public prosecutor ordered a psychiatric examination of the accused. The defense requested admission to participate in this examination, which was denied. The Higher Court of the Canton of Thurgau rejected the appeal against this decision.

Summary of the Considerations

The requirements for admission of the appeal pursuant to Art. 93 para. 1 lit. a FSCA are met. There is a risk of an irreparable legal disadvantage, since it concerns the defense's participation in a psychiatric examination. The appellant relies on Art. 147 para. 1 CPC, Art. 32 para. 2 BV and Art. 6 ECHR. However, the Federal Supreme Court refers to BGE 144 I 253, according to which there is no unconditional right of the defense to participate in the examination. Such a participation and involvement right can only exist in objectively justified exceptional cases. The lower court found no objectively justified exceptional case. The previous interrogations of the accused showed no increased signs of suggestibility or communication problems. Indications of a current psychological weakness could not be substantiated. This reasoning is confirmed by the Federal Supreme Court. The appellant was able to exercise his defense rights independently so far and does not present concrete reasons for an exception. Hypothetical possibilities of a psychological crisis do not justify a different assessment.

Summary of the Dispositive

The appeal was dismissed, and the court costs were imposed on the appellant.


9D_5/2026: Non-admission of the appeal concerning waiver of cantonal tax of Solothurn

Summary of the Facts

A taxpayer (A.________) applied for partial waiver of the cantonal tax of the Canton of Solothurn for the year 2024 in the amount of CHF 1,425.15. The waiver department of the Finance Department of the Canton of Solothurn rejected this request because, according to the calculation of the subsistence minimum, a tax exemption remained which was sufficient to cover the tax debt. The Cantonal Tax Court of Solothurn confirmed this decision. The taxpayer filed a subsidiary constitutional complaint.

Summary of the Considerations

The appellant did not sufficiently substantiate the complaint and made unspecific statements about the state structure and alleged privatization of authorities. These arguments were unsubstantiated and unrelated to the proceedings. According to Art. 116 FSCA, only constitutional rights may be invoked with the subsidiary constitutional complaint, and there is a duty to provide a clear, detailed, and decision-related justification. The appellant clearly did not meet these requirements. The Federal Supreme Court examined whether the arguments about alleged privatizations of sovereign powers were significant. It confirmed previous rulings that such claims are considered unfounded and require no further examination. Due to the insufficient justification and obvious inadmissibility, the complaint was not admitted in the simplified procedure pursuant to Art. 117 in conjunction with Art. 108 para. 1 lit. b FSCA.

Summary of the Dispositive

The appeal was not admitted, and the court costs were imposed on the appellant. The judgment will be communicated to the parties.


1C_183/2026: Non-admission of the appeal concerning building permit for biogas plant

Summary of the Facts

D.C.________ and E.C.________ applied in 2022 for the construction of a new agricultural biogas plant on a parcel in Merlischachen (municipality of Küssnacht). After objections, the competent authorities of the canton and district council granted the building permit. The administrative appeal against this was dismissed by the Government Council of the Canton of Schwyz. The Administrative Court of the Canton of Schwyz partially upheld the appeal and referred the matter back to the building permit authority for further examination, as, among other things, crop rotation areas were affected and the documents were contradictory.


9C_224/2026: Non-admission of the appeal concerning reimbursement of church taxes

Summary of the Facts

A.________ filed a conciliation request against the Catholic Regional Church of the Canton of Thurgau because he no longer wanted to pay church tax and sought reimbursement of contributions paid since 2016. By submitting the request, he simultaneously declared his withdrawal from the church. The conciliation office did not proceed with the request due to lack of jurisdiction, and the appellate and complaint instances confirmed this. The dispute before the Federal Supreme Court concerned the reimbursement of already legally assessed church taxes.


1C_260/2026: Non-admission of the appeal concerning repatriation from Iraq within the framework of consular protection

Summary of the Facts

The appellant, a Swiss national, traveled to Syria in 2015 and was detained by the Syrian Democratic Forces (SDF) in 2019. After multiple contacts with the Federal Department of Foreign Affairs (FDFA), he requested consular protection in 2022, particularly repatriation to Switzerland. The FDFA refused, citing the political situation and its own restrictive practice. After legal recourse, the Federal Administrative Court in 2026 referred the matter back to the FDFA for reconsideration, which was the subject of the present appeal to the Federal Supreme Court.


1C_222/2026: Non-admission of the appeal concerning party compensation

Summary of the Facts

A.________, municipal administrator of the municipality of B.________ since 2019, was properly dismissed at the end of November 2025. He filed an appeal with the Government Council of the Canton of Basel-Landschaft and requested suspensive effect, which was rejected by the Finance and Church Directorate. The Cantonal Court of Basel-Landschaft granted the suspensive effect and awarded A.________ a reduced party compensation. A.________ requested a higher party compensation from the Federal Supreme Court.


1C_206/2026: Non-admission of the appeal concerning demolition order

Summary of the Facts

The A.________ Sàrl owns a special and permanent building right on a parcel in Saint-Cergue, on which a residential chalet and a garage are located. Two carports connected to these buildings were erected without a building permit. Following a complaint, the municipality of Saint-Cergue ordered the demolition of the carports and the restoration of the original condition. This order was confirmed by the cantonal authority.


7B_363/2026: Non-admission of the appeal concerning inadmissible appeal

Summary of the Facts

In the present case, the appellant A.________ appealed against a decision of the Criminal Chamber of the Cantonal Court of the Canton of Valais dated March 3, 2026, which declared his appeal against an order of the central office of the public prosecutor of the Canton of Valais inadmissible. The Federal Supreme Court did not admit A.________’s appeal because he failed to engage substantively with the double reasoning of the cantonal decision.


9C_137/2026: Non-admission of the appeal concerning disability pension

Summary of the Facts

The appellant challenged a decision of the Insurance Court of the Canton of St. Gallen, which, based on an expert report by estimed AG dated December 5, 2023, rejected his claim to a disability pension.


7B_1168/2025: Non-admission of the appeal concerning denial of justice

Summary of the Facts

A.________ filed an appeal to the Federal Supreme Court on October 27 and 28, 2025, alleging denial of justice in connection with his petition for revision and various decisions of the criminal justice of the Canton of Geneva. Among other things, he requested the suspension of ongoing proceedings and the annulment of previous decisions, which the Federal Supreme Court had already addressed in several previous rulings.


7B_497/2026: Non-admission of the appeal concerning pre-trial detention

Summary of the Facts

The proceedings concern a complaint again independently filed by A.________ against a non-admission decision of the Higher Court of the Canton of Graubünden. The court did not admit a cantonal appeal against an extension of pre-trial detention.


1C_210/2026: Non-admission of the appeal concerning protective withdrawal of the driving license

Summary of the Facts

The appellant A.________ allegedly drove a vehicle under the influence of narcotics on October 17, 2024. The Road Traffic Office of the Canton of Aargau provisionally withdrew his driving license on November 11, 2024, and ordered a traffic medical examination. By decision of March 21, 2025, the Road Traffic Office definitively withdrew the driving license for an indefinite period, dependent on a positive traffic medical assessment. All legal remedies filed against this decision were dismissed. On March 13, 2026, the Administrative Court of the Canton of Aargau did not admit the appellant’s appeal because an advance on costs was not paid.


8C_240/2026: Non-admission of the appeal concerning free legal aid in social assistance proceedings

Summary of the Facts

The appellant A.________ filed an appeal against the dismissal of his application for free legal aid in a cantonal social assistance proceeding by the Administrative Court of the Canton of Aargau. The lower court had rejected his application due to the hopelessness of the legal remedy and set a deadline for payment of the advance on costs.


7B_1258/2025: Non-admission of the appeal concerning judicial publicity and freedom of information

Summary of the Facts

In the underlying proceedings, it was discussed whether the principle of judicial publicity was violated when the Higher Court of the Canton of Bern limited the number of spectators at an appeal hearing to five persons due to spatial capacity limits. The appellant, a third party not involved in the proceedings, requested a finding of violation of his freedom of information and the right to judicial publicity due to denial of access to the appeal hearing.


2C_286/2026: Non-admission of the appeal concerning ban on access

Summary of the Facts

On May 27, 2025, the restaurant B.________ imposed a ban on access on A.________, which was later confirmed by the cantonal Service de l'économie et de l'emploi but was valid only until December 31, 2025, as the corresponding cantonal legal basis was repealed thereafter. On March 10, 2026, the cantonal service discontinued the proceedings regarding A.________’s opposition due to lack of current interest. The legal remedies filed by A.________ against this decision before the Tribunal cantonal de la République et canton du Jura ended with a declaration of inadmissibility on April 14, 2026, due to lack of current interest.


8C_213/2025: Non-admission of the appeal concerning accident insurance and liability to pay benefits

Summary of the Facts

The appellant, a forklift driver born in 1975, reported bilateral shoulder overload in July 2017 due to a moving incident. Suva denied liability to pay benefits, based on an expert report that found predominantly degenerative causes of the complaints. Previous proceedings led to further investigations by Suva, but these did not result in a different assessment. The Insurance Court of the Canton of Aargau dismissed the appeal against this decision.


8F_5/2026: Non-admission of the appeal concerning withdrawal of a petition for revision

Summary of the Facts

A.________ filed a petition for revision against a judgment of the Swiss Federal Supreme Court (8C_369/2024) dated April 2, 2025. By letter of May 11, 2026, A.________ withdrew this petition.


7B_401/2026: Non-admission of the appeal concerning withdrawal of the appeal

Summary of the Facts

A.________ had filed an appeal on March 26, 2026, against a decision of the Criminal Chamber of the Cantonal Court of Freiburg dated February 26, 2026. Due to financial difficulties, he declared the withdrawal of the appeal on May 20, 2026. The proceedings were already pending before the Federal Supreme Court under file number 7B_401/2026.


8C_681/2025: Upholding the appeal concerning formal admissibility of an opposition in a dispute over accident insurance

Summary of the Facts

The case concerns the question of the formal admissibility of an opposition in a dispute over accident insurance. The Caisse nationale suisse d'assurance en cas d'accidents (CNA) granted a pension to an insured person with a disability degree of 13% but refused compensation for integrity damage. The insured filed an opposition, which the CNA rejected as insufficiently justified and thus inadmissible. The cantonal court overturned this decision and ordered the CNA to admit the opposition. The CNA appealed to the Federal Supreme Court.


1C_341/2025: Upholding the appeal concerning invalidation of an initiative on mobile communications planning

Summary of the Facts

A committee of residents of the municipality of Etagnières launched several initiatives for the planning and regulation of mobile communication facilities (3G, 4G, and 5G) in the municipality. The last initiative from 2024 envisaged the addition of a new article to the municipal building regulations (RCCAT), defining priorities for the placement of mobile communication stations. The municipality and the cantonal constitutional jurisdiction declared the initiative invalid because it was not drafted in a general form and, in their view, violated superior law.


6B_146/2026: Non-admission of the appeal concerning rape and sexual acts with a child

Summary of the Facts

The District Court of Zurich sentenced A.________ on January 30, 2024, for rape and sexual acts with a child to 36 months imprisonment (partially conditional sentence of 28 months) and ordered him to pay damages and compensation. The Higher Court of the Canton of Zurich fully confirmed the first-instance judgment on December 4, 2025. By criminal appeal, A.________ requested acquittal of the rape charge, adjustment of the imprisonment, and reduction of the damages and compensation payments before the Federal Supreme Court.


1C_579/2025: Non-admission of the appeal concerning refusal of a building permit for an underground garage

Summary of the Facts

A.A.________ and B.A.________ applied for a building permit to construct an underground garage on their property in the residential zone W2bII in Zurich. The construction section of the Zurich City Council refused this permit. The building appeals court and the administrative court upheld the refusal. The Federal Supreme Court dealt with the appeal against the judgment of the administrative court.


8C_702/2025: Non-admission of the appeal concerning accident insurance

Summary of the Facts

The proceedings concern accident insurance. The appellant A.________ challenged a decision of Baloise Versicherung SA, which did not recognize a natural or adequate causal link between psychological complaints and an accident from 1999. An integrity compensation of 50% was granted for physical accident consequences. The Insurance Court of the Canton of Ticino dismissed her appeal against this decision and referred the matter back to the insurer to decide on the disability pension based on the physical accident consequences.


5A_434/2026: Non-admission of the appeal concerning recusal request in attachment proceedings

Summary of the Facts

An appellant filed a recusal request against a senior judge and a chief court clerk of the Higher Court of the Canton of Schaffhausen, who were involved in several complaint proceedings of the appellant related to attachments and loss certificates. The Higher Court rejected the recusal request insofar as it admitted it. The appellant then filed a civil law appeal with the Federal Supreme Court.


7B_1144/2025: Upholding the appeal concerning notarial secrecy

Summary of the Facts

A notary (A.________) filed an appeal against an order of the Tribunal des mesures de surveillance (TMS) of the Republic and Canton of Geneva, which ordered a partial lifting of the sealing of documents secured during a house search related to an alleged offense by B.________ (including breach of trust, Art. 138 Swiss Criminal Code). The appellant relied on notarial secrecy to maintain the sealing of the documents.


7B_1310/2025: Non-admission of the appeal concerning recusal request in criminal proceedings

Summary of the Facts

The appellant A.________ was initially brought before the District Court of Winterthur in summary proceedings for fraud. This court refused approval of the proceedings and returned the case to the public prosecutor for ordinary proceedings. After filing the indictment in ordinary proceedings, the appellant requested the recusal of the entire bench of the District Court of Winterthur, which was rejected by the Higher Court of the Canton of Zurich. With the present appeal, A.________ requested, among other things, the annulment of the Higher Court's decision and the removal of certain file components from the case files.


2C_295/2026: Non-admission of the appeal concerning residence permit

Summary of the Facts

A.A.________, a national of North Macedonia who had lived in Switzerland since 1994, applied in 2023 for a new residence permit with employment. His settlement permit had expired due to a longer stay abroad pursuant to Art. 61 para. 2 LEI. His application was rejected, and the lower instances confirmed this decision. A.A.________ subsequently filed an appeal to the Federal Supreme Court, alleging a violation of Art. 8 ECHR (right to respect for private and family life).


1C_211/2026: Non-admission of the appeal concerning traffic ordinance in St. Gallen

Summary of the Facts

The political municipality of St. Gallen issued a traffic ordinance for the "Bitzi" area on May 28, 2024, introducing a meeting zone. After an appeal by A.________, the Security and Justice Department of the Canton of St. Gallen repealed this decision on September 8, 2025, and referred the matter back to the city council for a new assessment. The political municipality of St. Gallen appealed this decision to the Administrative Court of the Canton of St. Gallen, which dismissed the appeal on March 9, 2026. Subsequently, the municipality filed an appeal with the Federal Supreme Court.


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