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 detailed summaries including 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 areas of law.
5A_940/2025: Non-admission of the appeal concerning the responsibility of the property owner
Summary of the facts
The appellants A.________ and B.________ are property owners and sued C.________ and D.________, who are also property owners, for settlement-related cracks and damages to a residential building of the appellants. They claimed that the operation of a groundwater pump by the respondents on their property caused the problems. The District Court of Lenzburg dismissed the claim. The Aargau Higher Court confirmed this judgment.
Summary of the considerations
The appeal is admissible as the requirements according to Art. 72 ff., 90 and 100 BGG are met. However, certain aspects are not addressed due to lack of reasoning or interest in establishing facts. The Federal Supreme Court reviews legal violations under Art. 95 ff. BGG freely, but adheres to the findings and evidence of the lower court unless arbitrariness or obvious errors are demonstrated. The lower court rightly denied the existence of a natural causal link between the groundwater pump and the damages to the building, based on two judicial expert reports and a comprehensive evaluation of the evidence. The submissions of the appellants regarding the allegedly arbitrary assessment of evidence were refuted. The natural causal link, a central prerequisite for claims under Art. 679 ZGB, was not proven with a preponderance of probability. Therefore, further examination of the adequate causal link was unnecessary. There is no reason to adjust the cost consequences of the cantonal proceedings, as the appeal is dismissed.
Summary of the dispositive
The appeal was dismissed, court costs were imposed on the appellants, and no party compensation was awarded to the respondents.
8C_620/2025: Non-admission of the appeal concerning the claim to initial vocational training despite pension receipt
Summary of the facts
The insured person, A.________, born in 2004, suffers from several birth defects (including Down syndrome). After receiving a full disability pension due to lack of training ability, she applied for initial vocational training. The IV office Uri rejected this application, whereupon the lower court (Higher Court of the Canton of Uri) recognized a claim to practical INSOS training as a farm assistant.
Summary of the considerations
1. (E. 1-1.2): The Federal Supreme Court examines the application of the law ex officio, taking into account the facts established by the lower court, unless these are obviously incorrect or legally erroneous. 2. (E. 2): The point of dispute is the claim to initial vocational training of the respondent despite the factually unchanged pension receipt. 3. (E. 4.1): The lower court found that the requirements for INSOS training were met (training ability, subjective and objective suitability, as well as proportionality of the measure). 4. (E. 5.1): According to the Federal Supreme Court, this claim does not require future employment to an extent affecting the pension. 5. (E. 5.2): An earlier pension award does not exclude a claim to initial vocational training. The requirements for integration measures in a protected setting (e.g., INSOS training) are set lower and do not have to guarantee pension-effective income. 6. (E. 5.4): The weighing of costs and benefits of the measure conducted by the lower court was not objected to; the measure is considered proportionate.
Summary of the dispositive
The appeal is dismissed and the IV office Uri is ordered to pay court costs and compensation.
5A_171/2026: Non-admission of the appeal concerning a claim for installation of impact sound insulation
Summary of the facts
The dispute concerns a claim for the installation of impact sound insulation between two adjacent properties connected by a superstructure right. The plaintiff demands the installation of impact sound insulation in the living and dining room of the defendant. The district and higher courts dismissed the claim, as the noise emissions caused by the defendants were classified as not excessive.
Summary of the considerations
The civil appeal is inadmissible due to the dispute value not being reached; the subsidiary constitutional complaint, however, is admissible. Applications to overturn the decision of the district court are inadmissible because the decision of the higher court replaces the first-instance ruling. The appellant has not sufficiently substantiated constitutional rights such as the prohibition of arbitrariness regarding claims about noise emissions, possible procedural errors, and burden of proof issues. Purely appellate criticism is inadmissible. The higher court qualified the noise emissions as not excessive (Art. 684 ZGB) because they occur rarely and only for a short duration. The impacts represent normal use of the dwelling unit that must be tolerated from the neighbor. The application of Art. 737 para. 2 ZGB is not relevant in the present case, as no claim to impact sound insulation with a specific protection value can be derived from it.
Summary of the dispositive
The appeal is dismissed, and the court costs are imposed on the appellant.
5A_636/2026: Non-admission of the appeal concerning pension equalization upon divorce
Summary of the facts
The parties disputed, in connection with a divorce, the mandatory occupational pension equalization and in particular the transfer of pension assets. The father had originally claimed that his assets were held with a specific pension institution (C.________). In the course of a revision procedure, it was revealed that the assets had already been transferred to another pension institution (D.________) before the first-instance judgment.
Full summary of the judgment can be found in the portal.
5A_259/2026: Non-admission of the appeal concerning custody and care
Summary of the facts
The case concerns custody, care, and parental responsibility regarding a minor child (born 2009) of parents who were never married and have lived separately since 2012. The father applied for joint parental custody and later for alternating care, which was partially rejected by the lower courts. Educational assistance and supervision of the child's personal contact were ordered.
Full summary of the judgment can be found in the portal.
1C_372/2026: Non-admission of the appeal concerning compensation for formal expropriation
Summary of the facts
A.________, B.________, C.________, D.________, E.________ and F.________, as co-owners of a land parcel in Geneva (No. 1686), oppose the compensation for formal expropriation and the granting of easements by the Swiss Federal Railways (SBB) in connection with the CEVA railway project. The owners demand higher compensation for the loss in value of the property. Here, the SBB is examining to what extent the estimated 5% depreciation is correct and whether the value of the property was appropriately assessed.
Full summary of the judgment can be found in the portal.
1C_371/2026: Non-admission of the appeal concerning compensation for depreciation caused by easements
Summary of the facts
The appellants are owners of a parcel in Geneva on which a new construction easement for the construction of a railway tunnel was registered. The dispute concerns the amount of compensation to be paid due to the depreciation of the property caused by the easements. The lower courts had made several decisions, with the Federal Administrative Court most recently annulling the decision of the Valuation Commission and remanding the matter to the commission for a new determination of the loss in value.
Full summary of the judgment can be found in the portal.
6B_139/2025: Non-admission of the appeal concerning fraud and free legal aid
Summary of the facts
A.________ was convicted by the District Court La Broye and North Vaud on 24.05.2024 for fraud pursuant to Art. 146 para. 1 of the Criminal Code. He was accused of knowingly concealing income from employment between March and October 2012 and thereby unlawfully receiving social assistance benefits (RI) amounting to CHF 21,863.15. The court imposed a fine of 120 daily rates of CHF 30 each, an immediately payable penalty of CHF 600, and a substitute custodial sentence of 20 days if the penalty is not paid. The sentence was suspended in favor of a two-year probation period. The subsequent appeal before the cantonal appellate authority was dismissed. A.________ filed an appeal with the Federal Supreme Court, in which he requested, among other things, the annulment of the judgment and his acquittal.
Full summary of the judgment can be found in the portal.
2C_90/2025: Non-admission of the appeal concerning operating license as acute somatic hospital
Summary of the facts
The A.________ AG applied to the Department of Finance and Social Affairs of the Canton of Thurgau for an operating license as an acute somatic hospital. This was rejected on the grounds of missing prerequisites, in particular the absence of a certified intensive care unit or a cooperation agreement with another hospital location. The Administrative Court of the Canton of Thurgau confirmed this decision. Subsequently, A.________ AG filed an appeal with the Federal Supreme Court to obtain the operating license.
Full summary of the judgment can be found in the portal.
5A_791/2025: Non-admission of the appeal concerning fee invoices of the Federal Supervisory Authority for Foundations
Summary of the facts
The A.________ Foundation, which promotes impartial and independent politicians as well as judges in Switzerland, appealed to the Federal Administrative Court against the fee invoices of the Federal Supervisory Authority for Foundations for the review of its annual reports. The Federal Administrative Court dismissed the appeal. The foundation then filed an appeal with the Federal Supreme Court requesting that the fee invoices be reduced taking into account the equivalence principle.
Full summary of the judgment can be found in the portal.
8C_192/2025: Non-admission of the appeal concerning determination of party compensation
Summary of the facts
The IV office for insured persons abroad (IVSTA) reduced the appellant’s entitlement to a full disability pension. During the proceedings, the original decision was revised, and the full pension as well as a child’s pension were granted again. The Federal Administrative Court partially discontinued the proceedings as moot, forwarded a child’s pension application to the IVSTA, and awarded the appellant party compensation of CHF 1,000. The appeal against this amount was partially upheld by the Federal Supreme Court and the matter was remanded for reassessment to the lower court. The Federal Administrative Court then increased the party compensation to CHF 2,725.
Full summary of the judgment can be found in the portal.
5A_746/2025: Non-admission of the appeal concerning correction of birth date in the civil status register
Summary of the facts
A South Sudanese citizen applied for correction of his birth date in the Swiss civil status register (currently recorded as xx.xx.1987) to xx.xx.1996, explaining that the original entry was based on a forged passport. The District Court Winterthur rejected the application, as did the Higher Court of the Canton of Zurich in the second instance. The appeal was directed against this judgment.
Full summary of the judgment can be found in the portal.
6B_474/2026: Non-admission of the appeal concerning simple bodily injury by negligence
Summary of the facts
A.________ filed a criminal appeal against a decision of the Criminal Appeals Instance of the Cantonal Court of Fribourg dated June 8, 2026, which acquitted B.________ of the charge of simple bodily injury by negligence and referred A.________ to civil proceedings to assert his civil claims.
Full summary of the judgment can be found in the portal.
7B_566/2024: Non-admission of the appeal concerning COVID-19 credit and cost regulation
Summary of the facts
A.________ was accused of having declared false turnover and misused the received funds in the context of a COVID-19 credit in his capacity as managing director of C.________ Sàrl. The Geneva Cantonal Court discontinued parts of the proceedings and decided that A.________ must bear the costs of the discontinued proceedings. Compensation was denied. A.________ filed an appeal against this decision with the Federal Supreme Court.
Full summary of the judgment can be found in the portal.
7B_402/2025: Non-admission of the appeal concerning inpatient therapeutic measure pursuant to Art. 59 of the Criminal Code
Summary of the facts
The appellant A.________, a Swiss citizen, was previously convicted several times for various crimes (including threats, bodily injury, arson). An outpatient therapeutic measure ordered in 2022 pursuant to Art. 63a of the Criminal Code failed, and an alternative measure in a closed institution was examined by the cantonal authorities. The Canton of Neuchâtel ordered an inpatient therapeutic measure pursuant to Art. 59 of the Criminal Code. The appellant lodged an appeal with the Federal Supreme Court, requesting, among other things, the annulment of the measure and the conversion of the related sentences into another solution.
Full summary of the judgment can be found in the portal.
8C_459/2026: Non-admission of the appeal concerning social assistance
Summary of the facts
The appellant filed an appeal against a judgment of the Administrative Court of the Canton of Aargau dated June 3, 2026. The Administrative Court did not enter into a previous appeal because the appellant’s electronic submission was not provided with a recognized electronic signature, and the valid postal submission was made after the deadline for appeals.
Full summary of the judgment can be found in the portal.
5F_36/2026: Non-admission of the appeal concerning revision of judgment 5A_595/2026
Summary of the facts
The applicant requested revision of the Federal Supreme Court judgment 5A_595/2026. In the original proceedings, the District Court Zurich had rejected free legal aid because the lawsuit was deemed hopeless. Later, the Higher Court of the Canton of Zurich did not enter into a complaint against this due to missed deadlines. The Federal Supreme Court also did not enter into the appeal due to lack of legal interest and sufficient reasoning.
Full summary of the judgment can be found in the portal.
5A_407/2025: Non-admission of the appeal concerning objection proceedings after bankruptcy
Summary of the facts
A.________ purchased three properties that were resold in 2013 to B.________ AG, in which C.________, the original owner, held certain rights. Later, A.________ initiated debt enforcement proceedings against C.________ for outstanding residential rights rents, leading to a dispute over the seizure of the said properties. After C.________ died and the bankruptcy liquidation of his estate was ordered, the question arose whether the objection proceedings became moot.
Full summary of the judgment can be found in the portal.
8C_185/2026: Non-admission of the appeal concerning unemployment benefits
Summary of the facts
The appellant, a former employee of two companies whose contracts were terminated on August 31, 2025 due to internal restructuring, applied for unemployment benefits starting September 8, 2025. The fund rejected this on the grounds that her husband held an employer-like position within the companies. The lower court confirmed the denial of benefits.
Full summary of the judgment can be found in the portal.
1C_706/2025: Non-admission of the appeal concerning free legal aid for a building permit
Summary of the facts
The appellant A.________ challenges a building permit confirmed by the Administrative Court of the Canton of Bern in favor of Swisscom (Switzerland) AG for the construction of a mobile phone facility in the agricultural zone. Before the Federal Supreme Court, A.________ requested free legal aid in accordance with Art. 64 BGG, claiming insufficient financial means.
Full summary of the judgment can be found in the portal.
5A_178/2026: Non-admission of the appeal concerning child support
Summary of the facts
The appellant (A.________) and the respondent (B.________) concluded an agreement on child support contributions in 2019, which was approved in the then divorce judgment. The appellant later requested a reduction of the support payments, claiming that his income situation had significantly worsened. The lower courts (Regional Court and Higher Court of the Canton of Bern) rejected an adjustment.
Full summary of the judgment can be found in the portal.