Latest Judgments of the Federal Supreme Court
Here you will find the most recent judgments of the Federal Supreme Court (FSCO) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts for each. The full summaries of all judgments are available on the Lexplorer portal. There you can configure your newsletter and receive the latest judgments tailored to your legal areas.
1C_722/2025: Non-admission of the appeal concerning the transfer of a teacher
Summary of the facts
The appellant, a long-standing teacher at a primary school in the municipality of U.________, was transferred to another school in 2025 due to ongoing conflicts within the faculty. Her employment and salary remained unchanged. She demanded a formal, contestable decision regarding the transfer, as she perceived it as a sanction. The competent cantonal administrative authority considered the transfer an internal organizational measure that did not require a formal decision. After unsuccessful proceedings at the cantonal instances, the teacher brought her appeal to the Federal Supreme Court.
Summary of the considerations
The Federal Supreme Court examines the admissibility of the appeal ex officio. It finds that the remedy is correctly to be treated as a subsidiary constitutional complaint, since the requirements for an ordinary legal remedy in the area of public service are not met. The appeal is in principle admissible, as it is directed against a final decision of the last cantonal instance and was filed in proper form and within the deadline. The appellant's right to be heard was not violated. The lower courts had considered her arguments and provided sufficient reasoning. The transfer is legally to be qualified as an internal organizational measure that does not require a formal decision. It was neither a disciplinary sanction nor a substantial change of work tasks or place of work.
Summary of the dispositive
The appeal was dismissed and the court costs were imposed on the appellant, without any party compensation being granted.
4A_206/2026: Non-admission of the appeal concerning a recusal request and legal aid
Summary of the facts
The appellant sued his landlord before the Cantonal Court of Schaffhausen regarding the contestation of the termination and extension of the tenancy. During the proceedings, he filed a recusal request against the single judge and court clerk, which was rejected by the Cantonal Court. The appeal against this decision before the Higher Court of the Canton of Schaffhausen was unsuccessful. Likewise, the Higher Court dismissed the appellant’s application for legal aid. The present appeal to the Federal Supreme Court concerns this decision.
Summary of the considerations
The appellant filed an appeal that did not meet the reasoning requirements according to Art. 42 para. 2 and Art. 106 para. 2 BGG. For this reason, the Federal Supreme Court did not admit the appeal. The application for legal aid was rejected due to the futility of the requests pursuant to Art. 64 para. 1 BGG. A separate decision on this was not necessary. The court costs of CHF 800 were imposed on the appellant. Due to the lack of a hearing, no party compensation was awarded either to the respondents or to other parties involved.
Summary of the dispositive
The appeal was not dealt with, the application for legal aid was rejected, and the court costs were imposed on the appellant. No party compensation was granted.
4D_61/2026: Non-admission of the appeal concerning advance payment of costs in a tenant eviction procedure
Summary of the facts
The appellant appealed to the Federal Supreme Court to contest the decision of the Higher Court of the Canton of Bern. The federal proceedings concerned the eviction of the appellant from rented premises.
Summary of the considerations
- E.1 The Federal Supreme Court set a deadline for the appellant to pay the advance on costs (Art. 62 para. 1 BGG). Since this was not done within the original deadline, a non-extendable final deadline was set (Art. 62 para. 3 BGG).
- E.1 The setting of the final deadline and its notification were properly carried out. The notification is deemed to have been effected in accordance with Art. 44 para. 2 BGG, as the appellant was obliged to ensure the receipt of court communications.
- E.1 The failure to pay the advance on costs within the final deadline led, pursuant to Art. 62 para. 3 and Art. 108 para. 1 lit. a BGG, to non-admission of the appeal.
- E.2 The court costs are to be imposed on the appellant pursuant to Art. 66 para. 1 BGG due to the outcome of the proceedings. No party compensation is owed, as the respondents incurred no expenses (Art. 68 BGG).
Summary of the dispositive
The appeal was not admitted, and it was determined that the court costs of CHF 500.-- are to be imposed on the appellant. The judgment will be communicated to the parties and to the Higher Court in writing.
1C_330/2026: Non-admission of the appeal concerning disciplinary proceedings against a public prosecutor
Summary of the facts
A.________ filed a criminal complaint on September 2, 2025, against a lifeguard of the city of Porrentruy for defamation, false accusation, and abuse of office. The public prosecutor’s office of the Canton of Jura refused on October 7, 2025, to open criminal proceedings and to secure evidence. On April 20, 2026, A.________ requested the initiation of disciplinary proceedings against the prosecutor before the competent supervisory board, which rejected the request on May 26, 2026, on the grounds that the allegations did not meet the requirements of a serious breach of duty under cantonal law.
The full summary of the judgment can be found on the portal.
1C_362/2025: Non-admission of the appeal concerning authorization for prosecution of a public prosecutor
Summary of the facts
A.________ filed a criminal complaint against public prosecutor B.________, alleging that he had made decisions of non-initiation, suspension, and dismissal in criminal proceedings without the legally required approval of the competent head of the public prosecutor’s office. Furthermore, in another case, he allegedly granted a financial advantage to an accused person by approving an excessive cost note. The lower court, the Higher Court of the Canton of Zurich, refused authorization for prosecution, as there was no sufficient initial suspicion of abuse of office or favoring.
The full summary of the judgment can be found on the portal.
7B_647/2026: Non-admission of the appeal concerning conversion of an outpatient measure into a remainder custodial sentence
Summary of the facts
A.________ filed an appeal against a judgment of the Cantonal Court of Fribourg, Criminal Appellate Court, dated April 14, 2026, which confirmed his appeal and at the same time the decision of the single judge of the police authority of the Saanebezirk dated February 26, 2026. It concerned the conversion of an outpatient measure into a remainder custodial sentence of 91 days.
The full summary of the judgment can be found on the portal.
9C_208/2025: Non-admission of the appeal concerning disability pension
Summary of the facts
The appellant, A.________, requested the granting of a disability pension on the basis of health impairments, including chronic back pain and psychological problems. After various medical examinations, her request was rejected by the IV office of the Canton of Aargau. Both her appeal to the Insurance Court of the Canton of Aargau and the subsequent appeal in public law matters were unsuccessful.
The full summary of the judgment can be found on the portal.
7B_110/2025: Non-admission of the appeal concerning trespassing and supplementary fact-finding in cases of misappropriation and property damage
Summary of the facts
After A.________ renounced the inheritance, the apartment inhabited by the deceased was cleared. A.________ filed a complaint against the manager of the responsible property management, B.________, for trespassing, misappropriation, and property damage. The public prosecutor’s office did not open an investigation. The Higher Court of the Canton of Zurich rejected the appeal against this decision.
The full summary of the judgment can be found on the portal.
2C_337/2026: Non-admission of the appeal concerning the Public Law I module examination
Summary of the facts
The appellant, a student at the University of Zurich, failed the "Public Law I" module and unsuccessfully filed legal remedies against this. The Administrative Court of the Canton of Zurich partially upheld her appeal but rejected her main requests. Subsequently, the appellant filed an appeal in public law matters to the Federal Supreme Court.
The full summary of the judgment can be found on the portal.
9C_362/2025: Decision on the dismissal of the additional claim for personal AHV/IV/EO contributions
Summary of the facts
The appellant, an insured person working as a self-employed lawyer and notary, was insured with the compensation office of the Canton of Valais (CCC). The dispute concerned the additional claim for personal AHV/IV/EO contributions for the year 2012 in the amount of CHF 13,268.40 plus interest of CHF 3,449.50. The appellant disputed the claim as time-barred or already settled. The lower court (Tribunal cantonal du Valais) dismissed his appeal.
The full summary of the judgment can be found on the portal.
7B_926/2025: Non-admission of the appeal concerning a recusal request in a criminal case
Summary of the facts
A.________ was charged by the Criminal Court of the Canton of Zug with various criminal offenses. The criminal judge Jessica Rohrer-Walter conducted the proceedings. After she commented on the form and content of the indictment in a procedural order, A.________ requested her recusal, which was rejected by the Higher Court of the Canton of Zug.
The full summary of the judgment can be found on the portal.
4A_289/2026: Non-admission of the appeal concerning an expulsion procedure
Summary of the facts
The appellants were ordered by the Cantonal Court of Schaffhausen to leave a property in U.________ and to hand over the keys to the respondents. The Higher Court of the Canton of Schaffhausen rejected their application for legal aid due to lack of prospects and threatened non-admission in case of default. After the advance payment of costs was not made, the Higher Court did not admit the appellants’ appeal. The appellants appealed to the Federal Supreme Court. The Court rejected the request for suspensive effect and concluded, due to insufficient reasoning, that it could not admit the appeal.
The full summary of the judgment can be found on the portal.