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New Federal Court rulings from 04.08.2026

Latest Judgments of the Federal Supreme Court

Here you will find the most recent judgments of the Federal Supreme Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts only. The complete summaries of all judgments are available on the Lexplorer portal. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.

4D_17/2026: Non-admission of the appeal concerning definitive legal authorization

Summary of the Facts

The Schwyz Cantonal Court did not admit the appeal of a debtor against the granting of definitive legal authorization regarding four French court judgments totaling CHF 13,571.60 plus interest. The debtor then lodged an appeal with the Federal Supreme Court and requested the annulment of the decision as well as referral for substantive assessment.

Summary of the Considerations

- **E.1**: The Federal Supreme Court describes the facts and confirms that the appellant paid the advance on costs within the deadline. No statements were requested. - **E.2**: The filing was treated as a subsidiary constitutional complaint due to failure to meet the amount in dispute threshold (Art. 113 ff. BGG). - **E.3**: The appeal does not meet the strict reasoning requirements for a constitutional complaint (Art. 42 para. 2, Art. 106 para. 2 in conjunction with Art. 117 para. 1 BGG). It is decided not to enter into the appeal (Art. 108 para. 1 lit. b BGG). - **E.4**: Court costs are imposed on the appellant (Art. 66 para. 1 BGG). The respondent receives no party compensation as no compensable expenses were incurred (Art. 68 para. 1 BGG).

Summary of the Dispositive

The Federal Supreme Court did not admit the appeal and imposed court costs of CHF 800.-- on the appellant, which are offset against the advance. The remaining amount of CHF 1,200.-- will be reimbursed.


5A_703/2026: Non-admission of the appeal concerning free legal aid

Summary of the Facts

The appellant claimed compensation and the revocation of the expert's professional license in connection with an alleged violation of personality rights through a parenting capacity report. The Solothurn-Lebern District Court and the Solothurn Cantonal Court rejected the application for free legal aid due to the hopelessness of the claim, as did the Federal Supreme Court in decision 5A_498/2026. The appellant then submitted another application for free legal aid. The Cantonal Court set an advance on costs and rejected the suspensive effect. With the present appeal, the appellant requested the annulment of the order, free legal aid for the cantonal and federal proceedings, and suspensive effect.

Summary of the Considerations

- **E.1:** The right to be heard (Art. 29 BV) was observed. The contested order provided the essential considerations and fulfilled the constitutionally required standards. - **E.2:** The appellant merely repeated abstract assertions about the prospects of success of his claim; no new relevant facts were asserted. The prospects of success were already assessed finally in judgment 5A_498/2026. Thus, the requirement for free legal aid under Art. 117 and 118 ZPO or Art. 29 para. 3 BV is not met. - **E.3:** The demand for an advance on costs does not violate the right of access to the courts under Art. 29a BV, as it exists within procedural rules. - **E.4:** The appeal is obviously insufficiently reasoned, which justifies non-admission under Art. 108 para. 1 lit. b BGG. - **E.5:** The request for suspensive effect becomes moot due to the immediate judgment. - **E.6:** Due to lack of prospects of success, the material requirements for granting free legal aid in federal proceedings (Art. 64 para. 1 BGG) are not met. - **E.7:** Court costs are imposed on the appellant pursuant to Art. 66 para. 1 BGG.

Summary of the Dispositive

The appeal is dismissed, the application for free legal aid rejected, and court costs imposed on the appellant.


1C_398/2026: Non-admission of the appeal concerning voting rights appeal on VAT policy

Summary of the Facts

The appellant, Patrick Jaberg, filed a voting rights appeal. He alleged that the Federal Assembly unconstitutionally disregarded the earmarking of VAT demographic percentages, which affected an upcoming referendum on a VAT increase. He requested the suspension of the referendum as well as adjustments to the voting materials and the return of the misappropriated funds to the AHV.

Summary of the Considerations

- **E.1:** The appeal is directed against a decision of the Federal Assembly. According to Art. 189 para. 4 BV, such acts cannot be challenged before the Federal Supreme Court unless the law provides otherwise. This limitation also applies to complaints concerning violation of political rights (BGE 147 I 194 E. 4.1). - **E.2:** The appeal also does not meet the reasoning requirements under Art. 42 para. 2 BGG. The argumentation concerning the unconstitutional basis of the referendum is deemed incomprehensible. - **E.3:** The Federal Supreme Court decides under Art. 108 para. 1 BGG in simplified proceedings and does not admit the appeal.

Summary of the Dispositive

The Federal Supreme Court does not admit the appeal, imposes court costs of 300 francs, and awards no party compensation.


7B_398/2026: Non-admission of the appeal concerning inadmissible advance on costs payment

Summary of the Facts

The appellant A.________ lodged an appeal against a decision of the Chambre pénale de recours of the Cour de justice de la République et canton de Genève dated 16 March 2026, which confirmed a penal order procedure issued against her on 28 January 2026 by the Tribunal de police.


6B_436/2026: Non-admission of the appeal concerning fine under cantonal building law

Summary of the Facts

A.________ and B.________ were each fined CHF 2,500 by the Conseil municipal of the municipality of U.________ for violating Art. 74 para. 1 lit. a of the cantonal building law of the canton of Valais (LC). Their appeal against this decision was partially upheld by the Cour de droit public of the Tribunal cantonal valaisan (cantonal instance) on 18 May 2026.


8C_610/2025: Non-admission of the appeal concerning invalidity pension and income comparison in accident insurance

Summary of the Facts

A.________ suffered an injury to the right wrist in an accident on 23 October 2022. The INSAI denied the claim for an invalidity pension but granted a disability compensation of 7.5%. After the insured appealed, the INSAI confirmed the original decision on 11 February 2025. The Insurance Court of the canton of Ticino awarded A.________ an invalidity pension of 18% on 22 September 2025. INSAI appealed this decision to the Federal Supreme Court.


5A_29/2026: Non-admission of the appeal concerning exclusion from the board of an association

Summary of the Facts

The appellant A.________ sued against a resolution of the SVP electoral district association Thun, which excluded her from the board and the delegates' assembly. She requested a judicial declaration of nullity of this resolution. During the proceedings, however, she was validly excluded from the Bern canton SVP. The lower courts judged the lawsuit inadmissible as no protected interest remained.


7B_747/2026: Non-admission of the appeal concerning non-admission order

Summary of the Facts

The Federal Supreme Court is reviewing an appeal by A.________ against a decision of the Criminal Appeals Chamber of the Vaud Cantonal Court dated 12 May 2026, which dismissed her appeal against a non-admission order by the public prosecutor of the district of Eastern Vaud. A.________ accuses various state actors of failing to respond to her daughter's reports about alleged acts by the father, which caused psychological burdens for the daughter.


2C_284/2026: Non-admission of the appeal concerning exclusion from the degree program

Summary of the Facts

A.________, enrolled at the University of Geneva in the "Baccalauréat en relations internationales" program, was excluded from this program by a decision of the Global Studies Institute dated 12 September 2025 and the corresponding appeal decision of 26 November 2025. The appeal was dismissed by the Cour de justice of the canton of Geneva on 31 March 2026. A.________ then filed an administrative law appeal with the Federal Supreme Court but withdrew it on 26 June 2026.


5A_602/2026: Non-admission of the appeal concerning precautionary measures for personality protection

Summary of the Facts

The appellant (A.________) and the respondent (B.________) are neighbors. The respondent was repeatedly accused by the appellant of threats and disturbing behavior towards him and his family. The appellant requested a comprehensive proximity and exclusion order as well as further restrictions for the respondent. However, the Toggenburg District Court issued only a proximity ban of 25 meters with certain exceptions. The St. Gallen Cantonal Court subsequently dismissed the appellant's appeal.


5D_27/2026: Non-admission of the appeal concerning determination of a fee for an appointed lawyer

Summary of the Facts

The appellant challenged a decision of the Zurich Cantonal Court by which she was ordered to reimburse the fee paid from the court fund to her appointed lawyer. The fee was determined after the appellant failed to respond to the invoice within the deadline. She filed a subsidiary constitutional complaint with the Federal Supreme Court against this decision.


9C_596/2025: Non-admission of the appeal concerning VAT and subsidies related to geothermal exploration contributions

Summary of the Facts

A.________ AG conducted a pilot project for deep geothermal energy, for which it received exploration contributions from the Swiss Confederation. The Federal Tax Administration (ESTV) conducted a VAT audit, classified the contributions as subsidies, and reduced the taxpayer’s input tax deduction. The taxpayer demanded that the reduction be reversed, as she classified the contributions as cost compensation payments. The Federal Administrative Court dismissed her extraordinary appeal.


2C_259/2026: Non-admission of the appeal concerning administrative detention

Summary of the Facts

The appellant A.________ was taken into administrative detention by the canton of Valais after the State Secretariat for Migration (SEM) imposed an entry ban against him. The administrative detention was confirmed and later extended by the cantonal court. On appeal against the extension decision, it was established that the appellant had left Switzerland on 12 May 2026. Therefore, the proceedings before the Federal Supreme Court became moot.


6B_835/2025: Non-admission of the appeal concerning unauthorized public demonstration

Summary of the Facts

The appellant (A.________) was convicted in connection with an action intended to draw attention to the urgency of climate protection as a participant in an unauthorized public demonstration under cantonal law (Art. 10 LMDPu/GE). The group conducted a demonstration without the required permit, during which the facade of a bank building was smeared with washable paint. The lower court found that the demonstration exceeded the limits of a peaceful assembly and sentenced A.________ to a conditional fine.


8C_34/2026: Non-admission of the appeal concerning unemployment benefits

Summary of the Facts

The appellant A.________, who registered as unemployed on 1 March 2024, applied for unemployment benefits from the Caisse de chômage OCS. These benefits were denied because he could not prove the required contribution period of twelve months within the two-year reference period (1 March 2022 to 29 February 2024). The decision of the Caisse was subsequently confirmed in the cantonal proceedings.


9C_175/2026: Non-admission of the appeal concerning double taxation

Summary of the Facts

The appellants, A.A.________ and B.A.________, gave up their residence in the canton of Ticino in 2017 and declared stays in other cantons (Obwalden and Graubünden). Due to real estate ownership, they remained economically affiliated with Ticino. After investigations by the Ticino tax authorities, it was established that the appellants actually did not have residence in Obwalden or Graubünden but mostly stayed in Ticino. By decision of April 2023, they were declared fully taxable in Ticino from 2019. This decision was confirmed by the cantonal courts. The appellants filed an appeal with the Federal Supreme Court against the decision of the cantonal instance (Tax Chamber of the Appellate Court of Ticino) dated 3 February 2026.


7B_662/2026: Non-admission of the appeal concerning unsealing of mobile phones

Summary of the Facts

The Zurich-Sihl public prosecutor’s office is conducting a criminal investigation against A.________ for gang-related offenses against the Narcotics Act in connection with an indoor THC hemp facility. During a house search, narcotics, weapons, ammunition, electronic devices, data carriers, and cash were seized. Two mobile phones of A.________ were also confiscated and sealed. The Zurich District Court, coercive measures court, ordered the unsealing of the mobile phones. A.________ appealed in criminal matters to the Federal Supreme Court to have the unsealing decision overturned or the matter remanded to the lower court for a triage hearing.


6B_934/2025: Non-admission of the appeal concerning sentence and expulsion from the country

Summary of the Facts

A.________, a Nigerian citizen, was charged with committing various offenses, including knowingly buying stolen goods (Art. 160 para. 1 of the Swiss Criminal Code), violations of the Narcotics Act, non-compliance with a spatial ban (Art. 119 para. 1 LEI), and obstruction of official acts. The lower courts imposed punishments such as imprisonment, expulsion from Switzerland, and financial sanctions. A.________ requested leniency before the Federal Supreme Court, especially regarding the sentence and expulsion.


7B_412/2026: Non-admission of the appeal concerning opposition to penal order

Summary of the Facts

The appellant, A.________, had unsuccessfully filed an opposition to a penal order before the Tribunal de police of the Lausanne district. This opposition was declared inadmissible due to delayed response and a non-handwritten signature. Subsequently, the Criminal Appeals Chamber of the Vaud Cantonal Court dismissed the subsequent cantonal appeal with decision dated 14 March 2026. The appellant brought an appeal to the Federal Supreme Court.


6B_459/2026: Non-admission of the appeal concerning renewed review of the case

Summary of the Facts

The appellant A.________ was convicted by the Vaud Cantonal Court on 8 April 2025, among other things, of rape and attempted sexual acts on a person incapable of judgment or resistance, to a prison sentence of 36 months. On appeal, the Federal Supreme Court partially lifted the lower court's decision with judgment 6B_570/2025 of 5 November 2025 and remanded the case for reassessment. The criminal chamber of the Cantonal Court then imposed on 25 March 2026 a prison sentence of 36 months with partial suspension of execution of 18 months and a probation period of five years.


6B_439/2026: Non-admission of the appeal concerning denial of justice and revision

Summary of the Facts

The appellant, A.________, submitted a filing to the Federal Supreme Court accusing the Geneva public prosecutor of denial of justice because he did not respond to a specific inquiry. She also requested intervention by the Federal Supreme Court for revision of a decision concerning her divorced husband and the return of a safety deposit box, which she considered unrelated to the criminal allegations.


5A_696/2026: Non-admission of the appeal concerning guardianship with asset management

Summary of the Facts

The Child and Adult Protection Authority (KESB) Thal-Gäu/Dorneck-Thierstein established a guardianship with asset management for the appellant A.________ following a risk report. The administrative court of the canton of Solothurn dismissed the appeal against this on 22 June 2026. With an appeal to the Federal Supreme Court, A.________ requested annulment of the contested decisions or remand for reassessment. She also requested suspensive effect and free legal aid.


9C_468/2025: Partial acceptance of the appeal concerning invalidity pension and vocational integration measures

Summary of the Facts

The appellant, a kitchen assistant born in 1978, suffers from a congenital malformation of both hands, causing a severe limitation of her working capacity. The IV office of the canton of Thurgau rejected her claims for vocational integration measures and an invalidity pension. The administrative court of the canton of Thurgau referred the claim for vocational measures back for reassessment but denied the pension claim.


9C_234/2026: Acceptance of the appeal concerning invalidity pension

Summary of the Facts

A.________ registered with the invalidity insurance after a bicycle accident in September 2020 and applied for vocational integration measures and a pension. The IV office of the canton of Thurgau rejected the claim citing full work capacity in adapted activities. The administrative court of the canton of Thurgau confirmed this assessment. A.________ filed an appeal with the Federal Supreme Court requesting an invalidity pension based on a degree of disability of 41 percent.


8C_276/2025: Partial acceptance of the appeal concerning invalidity pension

Summary of the Facts

The appellant, A.________, registered with the invalidity insurance in November 2020. After a multidisciplinary expert opinion, the IV office of the canton of Zurich rejected the claim in January 2024. The appeal against this was dismissed by the Social Insurance Court of the canton of Zurich in March 2025.


9C_122/2026: Non-admission of the appeal concerning cantonal and municipal taxes as well as direct federal tax

Summary of the Facts

The appellants (spouses A.A.________ and B.A.________) filed an appeal with the Federal Supreme Court against a decision of the Administrative Court of the canton of St. Gallen dated 19 January 2026 concerning cantonal and municipal taxes as well as direct federal tax. The Federal Supreme Court requested an advance on costs of CHF 3,500 and rejected the application for free legal aid. The advance was not paid despite a deadline extension.


7B_558/2026: Non-admission of the appeal concerning advance on costs

Summary of the Facts

The appellant filed a criminal appeal with the Federal Supreme Court against the order of the Solothurn Cantonal Court dated 12 March 2026. He was requested to pay an advance on costs. Despite a deadline extension, payment was not made.


7F_31/2026: Non-admission of the appeal concerning revision request against judgment 7B_301/2026

Summary of the Facts

A.________ filed a revision request against the Federal Supreme Court judgment (7B_301/2026) of 14 April 2026. In this judgment, the Federal Supreme Court did not admit an appeal against the non-admission of a criminal investigation by the Thurgau Cantonal Court.


8C_614/2025: Non-admission of the appeal concerning invalidity pension due to inadmissible application of IV regulations

Summary of the Facts

A construction worker who fell from a ladder during work and seriously injured his left foot applied for an invalidity pension with the accident insurance (INSAI) after several operations. INSAI denied the pension but granted a disability compensation (IMI) of 15%. The Insurance Court of the canton of Ticino then obliged INSAI to grant the affected party an invalidity pension of 20%, based on its own calculations using the income comparison method. INSAI filed an appeal with the Federal Supreme Court.


7B_679/2026: Non-admission of the appeal concerning embezzlement

Summary of the Facts

The Solothurn public prosecutor’s office closed a criminal investigation against B.________ for embezzlement. A.________ filed an appeal, which was forwarded to the Solothurn Cantonal Court. The latter did not admit the appeal due to formal defects (missing signature) and no timely correction. A.________ then filed a criminal appeal with the Federal Supreme Court.


9C_361/2025: Non-admission of the appeal concerning invalidity insurance benefits

Summary of the Facts

The appellant, a child who received benefits from the invalidity insurance due to several birth defects, claimed home nursing benefits for care by her mother, a certified nurse HF. The IV office of Lucerne granted only partial cost coverage for the period from 11 May 2021 to 1 February 2024. The lower court dismissed the appeal but slightly amended the order to the appellant’s detriment.