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New Federal Court rulings from 03.09.2026

Latest Federal Supreme Court Judgments

Here you will find the most recent judgments of the Federal Supreme Court (FSCS) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and rulings. For the further judgments, you will find a summary of the facts. 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.

4A_46/2026: Non-admission of the appeal concerning assignment of claims and creditor protection

Summary of the facts

A.________ AG and the meanwhile deleted C.________ AG from the commercial register had concluded mandate agreements, the services of which were rendered by C.________ AG but not fully paid. C.________ AG assigned its claims in the course of its liquidation to the respondent, who asserted them in court. The core issue is whether the assignment of claims is null and void for reasons of creditor protection.

Summary of the considerations

- R. 1: The admissibility of the appeal according to the provisions of the Federal Supreme Court Act (FSCA) is affirmed.
- R. 2: The lower court found no violation of creditor protection provisions in the assignment of claims from E.________ AG to the respondent that would lead to nullity, since the appellant could not prove her creditor status.
- R. 3-4: The Federal Supreme Court analyzes the relevant provisions of Art. 744 and 745 CO. These do not provide for automatic nullity of an assignment if creditor protection violations (e.g. disregard of blocking periods) occur. The protective purpose of these norms is sufficiently ensured by other legal institutes, such as the liability action pursuant to Art. 754 CO and the possibility of re-registration of the company in the commercial register. An assignment is therefore only null in exceptional cases.
- R. 5: The appeal of A.________ AG against the respondent’s standing to sue is dismissed.

Summary of the ruling

The appeal is dismissed and the appellant must pay court costs and compensation to the respondent.


7B_1210/2025: Non-admission of the appeal concerning the seizure of a vehicle

Summary of the facts

A.________ (appellant 1) was accused in a criminal proceeding of grossly negligent violation of traffic rules. In this context, the Basel-Landschaft public prosecutor seized a Lamborghini including the associated vehicle documents and keys on May 23, 2025, based on Art. 263 para. 1 lit. a and d CPC. The vehicle was a leased car in the name of B.________ (appellant 2), the stepfather of A.________. Both appellants appealed against the seizure, which was dismissed by the Basel-Landschaft cantonal court. They requested the annulment of the decisions and the release of the vehicle by criminal appeals.

Summary of the considerations

- R.1: The proceedings 7B_1210/2025 and 7B_1211/2025 are joined due to the close factual connection. The appeal by appellant 1 is not admitted because he suffers no legal disadvantage within the meaning of Art. 93 para. 1 lit. a FSCA. Appellant 2 is entitled to appeal. - R.2: The obligation to state reasons according to Art. 42 para. 1 and 2 FSCA is explained. The facts are generally binding for the Federal Supreme Court unless obviously incorrect. - R.3: A confiscation seizure under Art. 263 para. 1 lit. d CPC is possible if the vehicle is likely to be confiscated. The sufficient suspicion and proportionality of the seizure are examined. - R.4: The allegation of violation of the right to be heard is rejected because the lower court was not obliged to consider submissions not addressed to it. - R.5: The lower court found the sufficient suspicion based on police reports without arbitrariness. Complaints regarding speed measurement and admissibility of evidence are dismissed due to lack of relevant argumentation or are not admitted. - R.6: The lower court correctly assessed the proportionality of the seizure and the confiscation criteria according to Art. 90a para. 1 SVG. The preventive seizure is permissible even if the vehicle belongs to third parties. The lower court committed no breach of federal law. - R.7: The acceleration requirement was not violated since the deadlines according to Art. 397 para. 5 CPC were observed.

Summary of the ruling

The proceedings were joined, and the appeal of appellant 1 was not admitted, while the appeal of appellant 2 was dismissed. Court costs were imposed.


5A_729/2026: Non-admission of the appeal concerning denial and delay of justice

Summary of the facts

The appellant filed appeals against an attachment and a garnishment notice, which were dismissed by the Zofingen district court. The subsequent appeal at the Aargau cantonal court was further processed. The appellant finally filed an appeal at the Federal Supreme Court for denial and delay of justice. This was followed by numerous invalid and unclear submissions, even after warnings from the Federal Supreme Court.

Summary of the considerations

- R.1: The Zofingen district court dismissed the appeals concerning the attachment and garnishment notice. The cantonal court continued to process the subsequent appeal, setting deadlines for submissions to the appellant and other parties. - R.2: The appellant was informed that only correctly submitted documents can be considered and that repeated submission of identical documents is unnecessary. - R.3: No violation of law by the cantonal court arises from the conduct of the proceedings. The appellant did not substantiate his allegations of denial or delay of justice. - R.4: The appellant’s appeal is unfounded, vexatious, and abusive. It is not admitted in the simplified procedure (Art. 108 para. 1 lit. b and c FSCA). - R.5: The court costs of CHF 1,000 are imposed on the appellant. Due to the hopelessness of the appeal, an application for legal aid would have been rejected.

Summary of the ruling

The Federal Supreme Court did not admit the appeal and imposed court costs of CHF 1,000 on the appellant.


4A_110/2026: Non-admission of the appeal concerning standing to be sued

Summary of the facts

In 2008, the appellant concluded a fiduciary agreement with the now deceased father of the respondent. After the opening of insolvency proceedings over the fiduciary assets and the death of the testator in 2021, the appellant claims damages from the respondent as sole heir. He grounds this on allegedly poor advice by the testator. The lower courts dismissed the claim on the grounds that the inheritance was renounced and the respondent therefore lacked standing to be sued.


5A_800/2026: Non-admission of the appeal concerning compulsory care placement

Summary of the facts

The appellant, currently placed in the B.________ clinic, opposed the continuation of his compulsory care placement as decided by the KESB Münchwilen and confirmed with modifications by the Thurgau cantonal court. He challenged this decision before the Federal Supreme Court.


7B_880/2026: Non-admission of the appeal concerning insufficient reasoning

Summary of the facts

A.________ filed a criminal appeal on June 29, 2026 against a decision of the single judge of the Criminal Appeals Chamber of the Cantonal Court of Vaud dated June 2, 2026. This had declared the appellant’s cantonal appeal inadmissible because the statutory reasoning requirements were not met.


5A_793/2025: Non-admission of the appeal concerning maintenance payment

Summary of the facts

The appellant A.A.________ and the respondent B.A.________ separated in 2018. In the divorce ruling of the Littoral and Val-de-Travers civil court dated December 20, 2024, the appellant was ordered to pay maintenance to the respondent. The Neuchâtel cantonal court increased this amount in the second instance. The appellant appealed to the Federal Supreme Court.


9C_462/2025: Non-admission of the appeal concerning degree of disability in occupational pension

Summary of the facts

A.________, employed at 60% part-time at B.________ AG and accordingly insured with the Zurich City pension fund, applied for benefits from the disability insurance (DI) in 2018. The DI determined a degree of disability of 58% and granted a half disability pension. The Zurich City pension fund then refused benefits, as the occupational pension degree of disability was below 20%. The lower court dismissed A.________’s claim, which is why she filed an appeal with the Federal Supreme Court.


4A_60/2026: Non-admission of the appeal concerning dismissal due to a Covid-19 vaccination mandate

Summary of the facts

The appellant was employed as a flight attendant by the respondent. Due to her refusal to comply with a vaccination mandate against Covid-19 introduced by the employer, her employment was terminated. The appellant considered this abusive and filed a claim. The lower courts dismissed the claim, whereupon the appellant filed an appeal in civil matters with the Federal Supreme Court.


5A_423/2026: Non-admission of the appeal concerning formal denial of justice

Summary of the facts

A.________ filed a unilateral divorce petition against his wife B.________ at the Tribunal de première instance of the Canton of Geneva. Later, he applied for a finding of formal denial of justice due to the tribunal’s failure to decide on certain preliminary questions related to an American trust and French matrimonial property law. The Civil Chamber of the Court of Justice of the Canton of Geneva dismissed this appeal. With his appeal to the Federal Supreme Court against that decision, A.________ requested, among other things, a finding of denial of justice and the ordering of coercive measures against the Tribunal de première instance.


5A_798/2026: Non-admission of the appeal concerning legal aid in connection with a representation guardianship

Summary of the facts

The appellant applied for legal aid in connection with a proceeding concerning a representation guardianship over his deceased mother. The Administrative Appeals Commission of the Canton of St. Gallen rejected this application because the appellant did not submit the required form and did not disclose his income and asset situation. The St. Gallen cantonal court confirmed this decision. The appellant appealed to the Federal Supreme Court.


4A_59/2026: Non-admission of the appeal concerning damages from an unlawful act

Summary of the facts

The appellant was seriously injured on the head by a branch moved by the respondent during a hike. She claimed damages under Art. 41 para. 1 CO. The lower courts dismissed the claim because, in particular, they found no adequate causal link and no fault on the part of the respondent.


5A_281/2026: Non-admission of the appeal concerning maintenance payment for an illegitimate child

Summary of the facts

The appeal concerns a maintenance payment for an illegitimate child within the framework of precautionary measures. The child’s father, residing in Belgium, was ordered to pay monthly CHF 1,200 maintenance to the mother in Switzerland. The appellant, who is self-employed, appealed a cantonal decision confirming the maintenance obligation.


4A_612/2025: Non-admission of the appeal concerning dismissal after refusal of Covid-19 vaccination

Summary of the facts

A.________ (appellant) worked as a flight attendant at B.________ AG (respondent). The employer terminated the employment because the employee refused to be vaccinated against Covid-19 despite a mandatory instruction. The appellant considered the dismissal abusive and sued for damages of six months’ salary or continuation of the employment. The cantonal courts dismissed the claim and the appeal to the Federal Supreme Court was also dismissed.


7B_574/2026: Non-admission of the appeal concerning advance payment of costs

Summary of the facts

On March 17, 2026, the criminal chamber of the Jura cantonal court declared the appeal filed by A.________ against a non-processing order of the cantonal public prosecutor dated November 17, 2025, inadmissible. A.________ filed an “opposition” on May 10, 2026, and on June 3, 2026, requested suspension of the proceedings because a rejection request was pending before the Zurich cantonal court. Subsequently, the timely payment of a requested advance of costs of CHF 800 was not made despite multiple reminders.


4A_65/2026: Upholding of the appeal concerning architecture contract

Summary of the facts

The appellant (plaintiff) complains about the poor planning and execution of a renovation project, which among other things led to differences in floor height and damage to floors. She claims that the respondent (defendant) is liable for these defects due to faulty planning and lack of consultation. The lower court, the commercial court of the Canton of St. Gallen, dismissed the claim.


5A_795/2026: Non-admission of the appeal concerning official custody of a vehicle

Summary of the facts

The debt enforcement office Olten-Gösgen seized a vehicle belonging to the debtor (appellant) and temporarily kept it in its possession. The appellant’s daughters claimed ownership of the vehicle but did not file a lawsuit after the creditor denied the third party claim. The debt enforcement office then demanded that the appellant hand over the vehicle. The appellant appealed against this order to the supervisory authority for debt enforcement and bankruptcy of the Canton of Solothurn, which dismissed it. The appellant then filed an appeal with the Federal Supreme Court.


5A_1086/2025: Non-admission of the appeal concerning exemption from costs in personality protection proceedings

Summary of the facts

The appellant A.________ challenges the decision of the civil appeals chamber of the Vaud cantonal court of November 21, 2025. It had dismissed an appeal concerning exemption from costs in a proceeding for protection of personality rights under Art. 28 ff. CC and Art. 32 FADP. The appellant argued that the proceeding must be free of charge due to the applicability of the Data Protection Act (FADP), whereas the cantonal court considered the provisions of the Civil Code as prevailing.


5A_678/2026: Non-admission of the appeal concerning psychiatric evaluation

Summary of the facts

The appellant A.________ opposed a psychiatric evaluation ordered by the Tribunal de protection de l'adulte et de l'enfant of the Canton of Geneva on April 29, 2026. The subsequent appeal against this order was declared inadmissible by the Supervisory Chamber of the Court of Justice of the Canton of Geneva on June 17, 2026. The Federal Supreme Court dismissed A.________’s appeal against the decision of the Supervisory Chamber as it did not meet formal requirements.


4A_89/2026: Dismissal of the appeal concerning court costs and party compensation

Summary of the facts

A.________ AG, active as general contractor, sold two plots in U.________ for CHF 101,250,000 to D.________ AG (today B.________ AG). It claims that the purchase contract is void due to the incapacity of its representative and demands retransfer of the plots against refund of the purchase price. The commercial court of Zurich dismissed its claim. After partly upholding an appeal before the Federal Supreme Court on cost allocation, the commercial court reduced court costs to CHF 300,000 and party compensation also to CHF 300,000. A.________ AG appeals against this.


4A_77/2026: Non-admission of the appeal concerning jurisdiction of the Court of Arbitration for Sport

Summary of the facts

The question was whether the Court of Arbitration for Sport (CAS) has jurisdiction to hear an appeal against a decision of the Swiss Sports Court in a procedure concerning alleged ethical violations by a swimming coach in 2018/2019. The swimming coach was accused of inappropriate behavior towards minors during training weekends. The Sports Court denied its jurisdiction to assess the case. The CAS overturned this decision and declared itself competent, whereupon the appellant filed an appeal with the Federal Supreme Court.


8C_487/2025: Non-admission of the appeal concerning cancellation of disability pension

Summary of the facts

The appellant, a Portuguese national, received a full disability pension from 1997. After moving residence to Portugal, the DI office initiated various review procedures, resulting in cancellation of the pension as of August 31, 2013. Subsequently, the appellant requested resumption of the pension and denied her capacity for reintegration. The DI office confirmed the cancellation by decision of November 20, 2020. The Federal Administrative Court dismissed the appeal against this decision.


5A_364/2026: Non-admission of the appeal concerning personality protection

Summary of the facts

A.A. and B.A. filed an appeal in civil matters against a decision of the single judge of the appeals chamber of the civil court of the Canton of Vaud, which dismissed their appeal against a superprovisional order of the president of the civil court of the Lausanne district. The dispute concerns personality protection.


2C_433/2026: Non-admission of the appeal concerning administrative assistance in tax matters

Summary of the facts

The French tax authority requested administrative assistance based on the double taxation agreement between Switzerland and France regarding the tax situation of a deceased person, B.H.________. The request concerned, among other things, information about an account held under the name of A.________ Inc., a company in Panama. The company opposed the disclosure. The Swiss Federal Tax Administration (SFTA) granted administrative assistance to the French authority. A.________ Inc. challenged this decision before the Federal Administrative Court, which dismissed the appeal.


8C_628/2025: Non-admission of the appeal concerning obligation to pay benefits after UVG in competing accident insurers

Summary of the facts

The insured A.________ was successively insured against accidents by SWICA Versicherungen AG and Zürich Versicherungs-Gesellschaft AG. After a first accident (May 12, 2010) with long-lasting shoulder problems and a second accident (December 9, 2017), disputes arose between the two insurers regarding the obligation to pay benefits. The lower court held SWICA responsible and thus found that the complaints of the insured from August 2018 were to be regarded as late effects of the first accident.


7B_135/2023: Non-admission of the appeal concerning mismanagement

Summary of the facts

A.________ was a member of the board of directors of D.________ AG and at times president. The company, founded in 2011, pursued economically failed projects and fell into a financial and liquidity crisis. On April 8, 2013, bankruptcy was opened over the company, resulting in a total loss for all creditors. A.________ was criminally prosecuted for this mismanagement, including for violation of the duty to report during an existing over-indebtedness.


7B_1016/2026: Non-admission of the appeal concerning release from custody

Summary of the facts

A.________ is accused of numerous offenses, including burglary, domestic violence, and violations of weapons and narcotics laws. He was arrested on June 21, 2025, placed in pre-trial detention, and the custody was extended multiple times. With a submission to the Federal Supreme Court, A.________ requested his immediate release from custody or release under substitute measures.


5F_29/2026: Non-admission of the appeal concerning revision of a Federal Supreme Court judgment

Summary of the facts

The applicant A.________ requested revision of a Federal Supreme Court judgment (5A_557/2026) of June 22, 2026, which had declared her appeal against the order of a curatorship and outpatient measures by the lower courts inadmissible.


7B_1010/2026: Non-admission of the appeal concerning inadmissible appeal against a judgment of the Lausanne district court

Summary of the facts

The criminal appeals chamber of the Vaud cantonal court declared the appellant’s appeal against a judgment of the Lausanne district court dated February 23, 2026, inadmissible because he had expressly withdrawn his original criminal complaint during the main hearing and thereby lost his party standing.


2C_127/2026: Non-admission of the appeal concerning non-renewal of a residence permit

Summary of the facts

The appellant, a Kosovar national, received a residence permit in December 2021 within the framework of family reunification with his first wife. After the divorce, he lived with a Spanish national since July 2024, whom he married in October 2024. The competent authorities of the Canton of Basel-Stadt refused to renew his residence permit and ordered his expulsion. The appellant filed a late appeal registration and could not prove timely dispatch. The Basel-Stadt administrative court confirmed the government council’s non-admission of the appeal.


5A_1/2026: Non-admission of the appeal concerning insufficient identification of the summoned person

Summary of the facts

In the present case, A.A.________ was requested by the debt enforcement office of the Riviera - Pays-d'Enhaut district to collect a debt enforcement document. B.A.________ and A.A.________ subsequently filed a complaint pursuant to Art. 17 para. 1 DEBA because, in their view, the person named in the summons could not be clearly identified. After their complaint was dismissed by the district court, they went to the cantonal court, which also dismissed their legal remedy and confirmed the lower court’s decisions.


7B_762/2026: Non-admission of the appeal concerning inadmissible reasoning

Summary of the facts

The appellant A.________ filed an appeal against a judgment of the Tribunal de police of the Canton of Geneva dated February 17, 2026, which the Criminal Appeals and Revision Chamber of the Canton of Geneva declared inadmissible on May 20, 2026. The Federal Supreme Court had to decide on a criminal appeal filed against this.


5A_642/2026: Non-admission of the appeal concerning inadmissible late filing

Summary of the facts

A.________ appealed a decision of the child and adult protection authority of the districts of Martigny and St-Maurice, which ordered the lifting of a placement. The lower court declared the appeal inadmissible because it was filed late.


5A_731/2026: Non-admission of the appeal concerning delay and denial of justice

Summary of the facts

The appellant filed a supervisory complaint against the Regional Debt Enforcement Office Zofingen with the Aargau cantonal court on July 21, 2026. With a submission of July 26, 2026, and several supplements, he filed an appeal for delay and denial of justice against the cantonal court with the Federal Supreme Court. The Federal Supreme Court repeatedly pointed out formal deficiencies but nevertheless opened proceedings. The cantonal court waived an opinion and the appellant replied.


5A_723/2026: Non-admission of the appeal concerning reasoning of a claim in insolvency proceedings

Summary of the facts

The Federal Supreme Court had to decide on an appeal by A.________, who ran a sole proprietorship. The dispute concerned the opening of insolvency proceedings due to a claim of the Canton of Bern arising from a criminal conviction. A.________ requested the written justification of an amount of 3,043.40 francs set in a previous decision. The lower court declared his appeal against the corresponding decision of the first-instance court inadmissible.


6B_848/2025: Upholding of the appeal concerning self-defense and compensation

Summary of the facts

The appellant A._______ was convicted by the police court of the Broye and North Vaud district on September 30, 2024, for assaults, minor property damage, and insult. The court acquitted her of the charge of threat and imposed a fine of 10 daily rates plus a fine of CHF 300. The incidents originated from a family conflict over custody, which escalated into a violent confrontation between A._______, her ex-partner, and his wife. A._______ appealed against the district court’s judgment, which the Vaud cantonal court dismissed on April 29, 2025.


9C_136/2026: Non-admission of the appeal concerning disability insurance

Summary of the facts

A.________ filed an appeal against the judgment of the social insurance court of the Canton of Basel-Stadt dated October 28, 2025, related to disability insurance. She withdrew the appeal by letter dated August 10, 2026.


9C_427/2026: Non-admission of the appeal concerning health insurance

Summary of the facts

The appellant A.________ appealed against the decision of the social insurance court of the Canton of Zurich, which did not admit her appeal against the objection decision of the social insurance institution of the Canton of Zurich concerning the insurance obligation. The reason was insufficient reasoning. At the Federal Supreme Court, the appellant’s submission was again reviewed for formal requirements.


7B_809/2026: Non-admission of the appeal concerning security deposit

Summary of the facts

A.________ filed an appeal with the Federal Supreme Court on June 19, 2026, against an order of the vice president of the criminal chamber of the Neuchâtel cantonal court dated June 16, 2026. This had imposed on A.________ in connection with an appeal procedure to provide security of CHF 4,000 within 30 days, otherwise the appeal would not be admitted.


5A_812/2026: Non-admission of the appeal concerning advance payment of costs and legal aid in divorce proceedings

Summary of the facts

The appellant appealed against the decision of the Schwyz cantonal court, which rejected her application for advance payment of costs and her alternatively filed renewed application for legal aid. The cantonal court justified this, among other things, with the late submission of the application and the absence of changed circumstances compared to an earlier decision. The appellant argued that she only learned definitively through an earlier Federal Supreme Court ruling that she would have to file such an application.


7B_303/2026: Non-admission of the appeal concerning postponement of execution of expulsion order

Summary of the facts

A.________, of Ethiopian origin, entered Switzerland in 1990, applied for asylum which was rejected in 1992, and was repeatedly convicted of various offenses. Multiple criminal expulsion orders were issued against him, most recently for 20 years by judgment of the Geneva police court dated March 10, 2025. A.________ requested again postponement of the execution of the expulsion order, among other reasons due to his health and possible human rights violations in the destination country. This request was rejected by the Office cantonal de la population et des migrations (OCPM) and confirmed by the cantonal judiciary. A.________ filed an appeal with the Federal Supreme Court, among other things to postpone execution and amend data in the Symic system.


6B_316/2026: Non-admission of the appeal concerning compensation of the public defender

Summary of the facts

In the lower court judgment of January 24, 2025, the accused B.________ was sentenced for various offenses, including qualified simple bodily injury, qualified threat, and rape, to a prison term of 10 years and an expulsion order for 15 years. The cantonal appeals court of the Canton of Vaud dismissed B.________’s appeal on November 11, 2025, and awarded the public defender compensation of CHF 4,461.90. The public defender appealed against this before the Federal Supreme Court, primarily requesting that the compensation be increased to CHF 8,149.60.


5A_368/2026: Non-admission of the appeal concerning precautionary measures to amend a divorce judgment

Summary of the facts

The appellant (mother) requested the Federal Supreme Court to revoke a judgment of the Zurich cantonal court, which had rejected precautionary measures regarding parental custody, care, and personal contact of the joint son as well as maintenance-related aspects. The son had requested sole custody of the father, which was ordered by a superprovisional order of the district court and later confirmed. The mother alleged violations of the child’s welfare, failure to obtain an expert psychological assessment, and deprivation of her parental rights in school and medical matters.


7B_731/2026: Non-admission of the appeal concerning recusal and insufficient reasoning

Summary of the facts

A.________ filed a recusal motion against public prosecutor Vanessa Guizzetti Piccirilli with the cantonal court of the Republic and Canton of Neuchâtel, which was dismissed on April 24, 2026. Subsequently, she filed an appeal with the Federal Supreme Court on June 3, 2026, also requesting various precautionary measures and the recusal of three federal judges.