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 including facts, considerations, and dispositives. For the other judgments, you will find a summary of the facts. 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 areas of law.
5A_237/2026: Non-admission of the appeal concerning the surrender of a mortgage certificate
Summary of the Facts
An inheritance dispute between A.________ and B.________ (appellants) and C.________ (respondent) concerned the adjustment of a burden register regarding a paper registered mortgage certificate and its surrender. The disputes arose in connection with the estate of D.________ and the estate arrangement for E.________, who died in 2016, with C.________ becoming the sole heir.
Summary of the Considerations
The civil appeal is admissible. There are no formal obstacles to admission. The review is limited to the complaints specifically raised in the appeal, as the Federal Supreme Court only considers obvious defects ex officio. The Federal Supreme Court considers the classification of the payment by the executor as correct and follows the lower instance in that no purchase of the claim occurred. New facts could not be admitted. The appellants cannot be qualified as bona fide purchasers of the mortgage certificate within the meaning of Art. 862 CC, since they acquired it by universal succession. The surrender of the mortgage certificate to the respondent is confirmed based on Art. 598 CC. The objection of forfeiture pursuant to Art. 600 para. 1 CC is rejected because it was raised for the first time before the Federal Supreme Court.
Summary of the Dispositive
The court dismissed the appeal, granted partial legal protection, and imposed the court costs on the appellants.
9C_53/2026: Non-admission of the appeal concerning withholding tax refund claim
Summary of the Facts
The appellant received dividends amounting to CHF 1,080,000 in 2020 without declaring them in her tax return. The dispute is whether she lost the claim to a refund of the withholding tax imposed on the dividends (CHF 378,000) due to this omission. The lower court, the Cantonal Court of Valais, denied the claim because the appellant not only failed to declare the dividends but also the bank account opened for this purpose in her tax return, which was considered a deliberate act. The appellant argued that she acted in good faith and believed that her agent had taken the necessary steps.
Summary of the Considerations
- E.1: The Federal Supreme Court declares the appeal route admissible and confirms that the lower court's factual findings are binding (Art. 105 para. 1 BGG). - E.3: It is stated that the appellant could only have asserted the claim for refund of the withholding tax under the conditions of Art. 23 para. 2 VStG. The issue is particularly whether the concealment of income was due to mere negligence or intent. - E.4: The Federal Supreme Court confirms the lower court's view that proof of intentional omission has been provided. It is emphasized that the taxpayer must disclose all relevant data voluntarily and spontaneously. The appellant's arguments that communication with the Federal Tax Administration or the agent’s actions were sufficient were rejected. - E.5: The court affirms that no simple negligence is present. The appellant concealed not only the dividend amount but also the specifically opened bank account and her shareholding in the company concerned. The entire behavior speaks against mere carelessness. Age, health, and lack of tax knowledge do not justify this systematic concealment. - E.6: The Federal Supreme Court finds that the regulation of Art. 23 para. 2 VStG provides relief for simple negligence but no excuse for consciously omitted declarations. The lower court did not violate federal law.
Summary of the Dispositive
The appeal was dismissed, court costs were imposed on the appellant, and no party compensation was awarded.
7B_695/2026: Non-admission of the appeal concerning non-initiation of a criminal procedure
Summary of the Facts
The public prosecutor's office of the Canton of Bern decided on August 11, 2025, not to initiate criminal proceedings against C.________ for various offenses (including defamation, slander, abuse of office). A.________ and B.________ lodged an appeal, which the Bern Higher Court dismissed insofar as it admitted it. Both appellants then appealed to the Federal Supreme Court.
Summary of the Considerations
The appellants requested the recusal of the single judge. They did not demonstrate that a ground for recusal pursuant to Art. 34 para. 1 BGG exists. The recusal request was deemed obviously unfounded. Standing to appeal in criminal matters requires that the contested decision can affect the assessment of civil claims (Art. 81 para. 1 lit. b no. 5 BGG). The appellants neither demonstrated damage nor the precise claim requirements. There is a lack of substantial reasoning for the appellants’ civil claims. No sufficient reason to relax the strict reasoning requirements. Formal procedural defects, which must be reviewed ex officio (so-called "Star practice"), were not alleged. Due to insufficient reasoning, the appeal was not admitted in simplified procedure pursuant to Art. 108 BGG. The court costs were imposed on the appellants.
Summary of the Dispositive
The appeal was not admitted, and the court costs were imposed on the appellants.
5F_4/2026: Non-admission of the appeal concerning maintenance obligations
Summary of the Facts
A.________ (petitioner) and B.________ (respondent) were married. In several court proceedings, the petitioner was ordered to pay maintenance. With a revision request to the Federal Supreme Court, he requested that his maintenance obligation be lifted as of July 1, 2022, since the respondent had meanwhile entered into a qualified cohabitation.
Full summary of the judgment is available in the portal.
9C_241/2026: Non-admission of the appeal concerning advance payment of costs
Summary of the Facts
A.________ filed an appeal with the Tribunal cantonal du canton de Vaud (Social Insurance Court) against an order of the Office de l'assurance-invalidité for the Canton of Vaud dated December 11, 2025. After the Cantonal Court requested the appellant to make an advance payment of costs of CHF 600 and no timely payment was made, it declared the appeal inadmissible on March 26, 2026. A.________ filed an appeal with the Federal Supreme Court and claimed to have paid the advance on time.
Full summary of the judgment is available in the portal.
5A_687/2026: Non-admission of the appeal concerning public announcement of seizure notices
Summary of the Facts
The Debt Collection Office Bremgarten and Surroundings informed the appellant by public notice on January 22, 2026, about a seizure carried out in his absence on October 31, 2025. The appellant unsuccessfully contested this announcement first at the District Court Bremgarten and then at the Higher Court of the Canton of Aargau, Debt Collection and Bankruptcy Commission as the upper debt enforcement supervisory authority. The Higher Court dismissed the appeal on June 24, 2026, and fined the appellant CHF 500 for frivolous conduct. The appellant then appealed to the Federal Supreme Court.
Full summary of the judgment is available in the portal.
6B_824/2025: Upholding the appeal concerning sexual coercion and expulsion order
Summary of the Facts
A.________ was partially convicted by the first-instance court in Fribourg, among other things for simple bodily injury, sexual coercion, rape, and other offenses. An expulsion order for five years was also issued. However, the lower court lifted the conviction for sexual coercion regarding a specific act and waived the expulsion. The Federal Supreme Court had to deal with an appeal by the public prosecutor, who requested the re-conviction for sexual coercion and reinstatement of the expulsion order.
Full summary of the judgment is available in the portal.
5A_679/2026: Non-admission of the appeal concerning delay of justice in debt enforcement proceedings
Summary of the Facts
The appellant turned to the Federal Supreme Court due to an alleged delay of justice in connection with a seizure and a recalculation of his subsistence minimum by the Debt Collection Office Menziken. The Higher Court of the Canton of Aargau, as the upper debt enforcement supervisory authority, dismissed the cantonal appeal on July 13, 2026, whereupon the Federal Supreme Court found the proceedings moot as the final decision of the Higher Court had already been served to the appellant before the delay of justice appeal was filed.
Full summary of the judgment is available in the portal.
9C_116/2026: Non-admission of the appeal concerning helplessness allowance
Summary of the Facts
The appellant (born 1987) suffers from Long Covid and has been receiving a full disability pension since 01.11.2021. She also applied for a helplessness allowance, whereby the cantonal court ultimately confirmed the granting of a mild degree helplessness allowance as of 01.10.2021. The insured person appeals to the Federal Supreme Court and demands a helplessness allowance of medium degree.
Full summary of the judgment is available in the portal.
7B_611/2026: Non-admission of the appeal concerning non-initiation of criminal investigation
Summary of the Facts
The Public Prosecutor's Office II of the Canton of Zurich decided on March 9, 2026, not to initiate a criminal investigation for abuse of office. The appellant filed an appeal, which the Zurich Higher Court declared inadmissible on April 20, 2026, due to non-payment of the procedural deposit. The appellant then turned to the Federal Supreme Court.
Full summary of the judgment is available in the portal.
7B_255/2026: Non-admission of the appeal concerning inadmissible filing of a cantonal appeal
Summary of the Facts
A.________ filed an appeal with the Federal Supreme Court against a decision of the Chambre pénale de recours of the Cour de justice of the Canton of Geneva dated 20.01.2026, which declared his cantonal appeal inadmissible. The dispute concerned the timeliness of a legal remedy claimed by A.________ but not verifiable against a penalty order.
Full summary of the judgment is available in the portal.
7B_693/2026: Non-admission of the appeal concerning criminal complaint and legal aid
Summary of the Facts
The appellant filed a criminal complaint against his mother, which was not pursued by the St. Gallen investigative office. The cantonal appeal was dismissed by the St. Gallen prosecution chamber due to lack of lawful submissions and failure to meet the requirements for legal aid. A procedural deposit was required. The appellant appealed this decision to the Federal Supreme Court.
Full summary of the judgment is available in the portal.
8C_538/2025: Non-admission of the appeal concerning social assistance and economic aid
Summary of the Facts
A.A.________ and his son B.A.________ moved out of Langnau am Albis after an eviction order in October 2023. From November 1, 2023, the social authority of the municipality of Langnau am Albis rejected an application for economic aid because the appellants no longer had residence in the municipality. This decision was essentially upheld in the cantonal instances.
Full summary of the judgment is available in the portal.
2C_373/2026: Non-admission of the appeal concerning detention pending deportation
Summary of the Facts
The appellant, a Nigerian national with a residence permit in Switzerland, was convicted in 2018 for various serious offenses and sentenced to 40 months imprisonment. In 2023, his residence permit was revoked, and his expulsion order with a deadline to leave the country by August 31, 2023, became final. After he did not leave the country, the competent cantonal court ordered detention pending deportation until August 8, 2026. This judgment was confirmed by the cantonal administrative court. The appeal against this decision led to the present proceedings.
Full summary of the judgment is available in the portal.
7B_654/2026: Non-admission of the appeal concerning non-initiation order
Summary of the Facts
The appellant A.________ filed a criminal complaint against B.________ regarding various criminal allegations related to unauthorized access to a notebook of his deceased father. The See/Oberland public prosecutor's office did not initiate proceedings, and the Zurich Higher Court dismissed an appeal against this. A.________ then filed a criminal appeal with the Federal Supreme Court, requesting that the Higher Court's decision be overturned and the matter remanded.
Full summary of the judgment is available in the portal.
5A_697/2026: Non-admission of the appeal concerning seizure measures and loss certificate
Summary of the Facts
The appellant is pursuing B.________ for a claim of CHF 31,368.30 plus interest and costs and disputes the seizure measures conducted by the Debt Collection Office Kloten. After the issuance of a loss certificate by the Debt Collection Office, the appellant requested judicial instructions to supplement the seizure measures, including a precautionary freeze of the debtor’s occupational pension assets. The lower courts dismissed the appellant’s motions. The appellant then appealed to the Federal Supreme Court.
Full summary of the judgment is available in the portal.
6B_700/2025: Non-admission of the appeal concerning attempted grievous bodily harm and sentencing
Summary of the Facts
A.________ was accused of having punched B.________ several times in the face during a physical altercation on February 26, 2022 in U.________, resulting in severe injuries, including a complex facial skull fracture. The Wil District Court convicted A.________ of attempted grievous bodily harm and imposed a prison sentence and an expulsion order. The St. Gallen Cantonal Court confirmed the conviction with some modifications. A.________ appealed to the Federal Supreme Court.
Full summary of the judgment is available in the portal.
7B_658/2026: Non-admission of the appeal concerning reinstatement of deadline and deficiencies in reasoning
Summary of the Facts
The Winterthur Juvenile Prosecutor’s Office discontinued a criminal investigation against respondent 2 (B.________) for multiple defamation. The appellant (A.________) filed an appeal but was ordered by the Zurich Higher Court to pay a procedural deposit of CHF 1,800, which he failed to do within the deadline. He unsuccessfully applied for reinstatement of the deadline. He appealed this decision of the Higher Court to the Federal Supreme Court.
Full summary of the judgment is available in the portal.
7B_587/2025: Dismissal of the appeal concerning recusal request in criminal proceedings
Summary of the Facts
The Federal Supreme Court reviews a recusal request by A.________ against the Economic Crimes Division of the Basel-Stadt Public Prosecutor’s Office as well as specific prosecutors and criminal commissioners. A.________ cites various alleged misconducts during criminal proceedings against him, including violations of participation and hearing rights and allegedly inadmissible evidence collection. The lower instance, the Basel-Stadt Court of Appeal, Single Judge, dismissed the requests.
Full summary of the judgment is available in the portal.
6B_368/2026: Non-admission of the appeal concerning revision for unlawful imprisonment
Summary of the Facts
The appellant was convicted by the Zurich Higher Court on March 11, 2024, for unlawful imprisonment and simple bodily injury. His appeal against the judgment was dismissed by the Federal Supreme Court on November 28, 2025. After filing a revision request on March 11, 2026, the lower court did not admit it on April 15, 2026. The appellant requested the Federal Supreme Court to annul the decision and remit the matter to the lower court for substantive examination of the revision request.
Full summary of the judgment is available in the portal.
5A_88/2025: Non-admission of the appeal concerning increase of child support and curatorial assistance
Summary of the Facts
The judgment concerns the regulation of child support, parental relationships, and requests for judicial assistance in the Canton of Ticino. The appellant son sought an increase of the father's maintenance contribution and the appointment of a "curatorial assistant" to regulate relationships and protect his interests. Father and mother were involved in a judicial and financial dispute, including regarding financial capacity and obligations. The case proceeded from first instances through the Court of Appeal to the Federal Supreme Court.
Full summary of the judgment is available in the portal.
7B_692/2026: Non-admission of the appeal concerning criminal offense and third-party liability
Summary of the Facts
On June 15, 2021, the appellant A.________ fell with an electric bicycle in Zurich and was seriously injured. By order dated April 8, 2022, the proceedings opened against him for simple traffic rule violation were discontinued. On July 11, 2025, he filed an oral criminal complaint against unknown persons, alleging that he was touched by a car driver. The competent public prosecutor’s office did not initiate criminal investigation. The Zurich Higher Court dismissed the appeal against this on April 22, 2026.
Full summary of the judgment is available in the portal.
6B_905/2025: Non-admission of the appeal concerning money laundering
Summary of the Facts
A.________ was initially acquitted by the Bülach District Court and convicted by the Zurich Higher Court for multiple money laundering offenses. After a successful appeal, the Federal Supreme Court instructed the Higher Court to re-examine the facts. The Higher Court again found A.________ guilty but reduced the sanction due to a lower amount involved. A.________ filed a further appeal against the second judgment.
Full summary of the judgment is available in the portal.
8C_593/2025: Non-admission of the appeal concerning helplessness allowance and assistance contribution
Summary of the Facts
The appellant, a paraplegic woman with additional health impairments, previously received a medium degree helplessness allowance and an assistance contribution. During a perspective year at the Swiss Paraplegic Center (SPZ) in Nottwil, which she completed with accommodation in the ParaWG, the IV office terminated these benefits. The reason given was the stay in an institution for integration measures.
Full summary of the judgment is available in the portal.
5A_686/2026: Non-admission of the appeal concerning public announcement of payment orders
Summary of the Facts
The appellant challenged the public announcement of twelve payment orders by the Debt Collection Office Bremgarten and Surroundings. After dismissive decisions by the District Court Bremgarten and the Higher Court of the Canton of Aargau, Debt Collection and Bankruptcy Commission, the appellant requested review by the Federal Supreme Court.
Full summary of the judgment is available in the portal.
8C_502/2025: Non-admission of the appeal concerning termination of a disability pension
Summary of the Facts
The respondent A.________, born 1977, applied for a disability pension in 2008 due to breast cancer and lipedema. A quarter pension was granted with a disability degree of 45%. After several revisions and household assessments, the IV office of the Canton of St. Gallen discontinued the pension in 2017, most recently based on an assessment at the Center for Medical Assessment (ZMB). A new 2023 expert opinion by Prof. Dr. med. B.________ attested to 60% work capability from 2016 and 20% incapacity from 2022. The lower court terminated the pension as of the end of February 2023.
Full summary of the judgment is available in the portal.
6B_718/2024: Non-admission of the appeal concerning violation of cooperation obligations during veterinary inspection
Summary of the Facts
A.________ was convicted by the Lucerne Cantonal Court for an incident on September 12, 2018, of violating her cooperation obligations during a veterinary inspection (§ 20 para. 2 in connection with § 20 para. 1 lit. b of the Lucerne Cantonal Animal Protection Ordinance). A.________ had denied the official veterinarian access despite being requested. She filed an appeal with the Federal Supreme Court and requested acquittal or waiver of punishment.
Full summary of the judgment is available in the portal.