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 with facts, considerations, and dispositives. For the further 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 legal fields.
7B_1429/2025: Non-admission of the appeal concerning the admissibility of SkyECC data
Summary of the facts
The criminal proceedings against A.________ were largely based on decrypted data from the communication platform SkyECC, which were obtained by a foreign investigation group and transmitted to Swiss criminal authorities. While the District Court of Dielsdorf deemed the SkyECC data admissible and convicted A.________, among other things, for qualified violation of the Narcotics Act, the Zurich Higher Court declared these data inadmissible due to a violation of the territoriality principle and ordered their removal from the files. The Zurich Chief Public Prosecutor's Office filed an appeal against this decision to the Federal Supreme Court.
Summary of the considerations
- **E.1.1-1.7:** The Federal Supreme Court examines the admissibility requirements ex officio. It finds that the contested decision of the Zurich Higher Court is an interlocutory decision not independently appealable. The requirements of Art. 93 para. 1 lit. a BGG (irreparable disadvantage) are not met, since the Chief Public Prosecutor's Office can challenge the admissibility of the SkyECC data again with the final judgment. - **E.2.1-2.4:** The Federal Supreme Court criticizes that the lower court unlawfully split the proceedings to deal with the admissibility of individual evidence separately from questions of guilt and the act. Art. 342 StPO only allows splitting for guilt or act interlocutory decisions. The approach of the Higher Court violates the principles of formal strictness and unity of the main hearing.
Summary of the dispositive
The Federal Supreme Court does not admit the appeal. No costs are imposed and no compensation is awarded.
1C_102/2026: Non-admission of the appeal concerning transfer in a public-law employment relationship
Summary of the facts
The appellant, A.________, was employed in 2008 by the municipality of Vernier as a municipal police officer. From 2014 onwards, problems repeatedly arose in his official performance and interpersonal behavior. This led to several transfers within the administration, most recently in 2024 to a position as maintenance worker II in the construction office, with a lower salary grade. The lower court (Cantonal Court) confirmed this transfer as proportionate and lawful.