Latest Judgments of the Federal Supreme Court
Here you will find the most current 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 further judgments, you will find a summary of the facts in each case. The complete 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.
7B_337/2026: Non-admission of the complaint concerning free legal counsel in criminal proceedings
Summary of the facts
In the underlying case, the question was whether the complainant should be granted free legal counsel in the context of a criminal proceeding. A criminal proceeding had been conducted against the complainant for theft, during which she applied for the appointment of a public defender. Her application was rejected by the lower courts on the grounds that the requirements were not met.
Summary of the considerations
(1) The Federal Supreme Court examined whether the complaint was admissible and found it to have been submitted in proper form and within the deadline, and fundamentally admissible pursuant to the Federal Supreme Court Act (para. 1). (2) The Court clarified that new facts or evidence may only be introduced before the Federal Supreme Court if they were prompted by the contested decision. The subsequent acquittal of the complainant could therefore not be taken into account (para. 2). (3) The Federal Supreme Court found that the complaint was insufficiently reasoned, as the complainant did not substantively engage with the considerations of the lower court. Criticism of the fact-finding and evaluation of evidence by the lower court was rejected as unfounded (para. 3). (4) The Federal Supreme Court examined an alleged violation of the right to be heard and found that the lower court had fulfilled its duty to provide reasons. The complainant was able to understand and challenge the decision (para. 4). (5) Central to the dispute, the Court examined whether the requirements for the appointment of a public defender according to Art. 132 para. 1 lit. b and para. 2 of the Criminal Procedure Code as well as Art. 29 para. 3 of the Federal Constitution and Art. 6 para. 3 lit. c of the European Convention on Human Rights were met. It found that the circumstances did not exclude a minor proceeding nor were there particular objective or subjective difficulties justifying official defense. The lower court rightly decided that the complainant was capable of defending herself without legal counsel (para. 5). (6) The complaint was therefore dismissed as unfounded. The application for free legal assistance was rejected due to lack of prospect of success.
Summary of the dispositive
The complaint was dismissed as unfounded and the costs for free legal assistance as well as court fees amounting to CHF 1,200.-- were imposed on the complainant.
8C_59/2026: Non-admission of the complaint concerning accident insurance benefits
Summary of the facts
A.________, born in 1987 and employed as a maintenance worker, injured her right hand, right elbow, and right foot in a stair fall on June 15, 2023. After conservative treatment and a later arthroscopy of the right ankle, the injury consequences led to further interventions on the wrist. The Swiss National Accident Insurance Fund (CNA) refused further insurance benefits from May 20, 2024, on the grounds that the health condition had been restored by that date at the latest and there was no natural causality to the continuing complaints. The lower court dismissed the insured's complaint.
Summary of the considerations
- Para. 1: The Federal Supreme Court declares the complaint admissible.
- Para. 2: The dispute concerns the claim for daily allowance and medical benefits from the accident insurance beyond May 20, 2024, based on the natural causality between the accident event and complaints.
- Para. 3: The lower court found that the assessments of the CNA’s medical expert had no formal defects. They followed a consistent review of reports and indications. The medical findings of the treating physicians did not provide sufficient objective basis to refute the CNA’s assessment.
- Para. 4:
- Para. 4.1: Regarding the right foot, medical imaging showed no traumatic damage; degeneration was diagnosed. The causality between the accident and the subsequent surgical interventions could not be sufficiently proven.
- Para. 4.2: Similarly for the right wrist, the doctors argued divergently, and causality between the accident and complaints was only “possible” but not probable.
- Para. 4.3: The elbow was considered unproblematic and legally irrelevant.
- Para. 5: The requirement for an additional judicial expert opinion was rejected, as the expert and reports were deemed sufficient.
Summary of the dispositive
The complaint was dismissed and court costs imposed on the complainant. The judgment is to be delivered to the parties.
9C_500/2025: Non-admission of the complaint concerning the tax treatment of compensation upon termination of a lease contract
Summary of the facts
The A.________ SA, owner of a shopping center in the canton of Valais, terminated a lease contract with a tenant early by agreement dated December 28, 2020. The agreement provided for compensation of CHF 7,842,000, payable within 30 days after signing. The tax dispute concerned the allocation of this compensation to the tax periods 2020 and 2021. The cantonal authority allocated the compensation entirely to the 2020 tax period, which the company disputed.
Summary of the considerations
(1) The complaint is admissible insofar as it concerns the 2020 and 2021 tax periods (para. 1.3). The legal provisions examined by the Federal Supreme Court include both the Federal Act on Direct Federal Tax (DBG) and the cantonal tax harmonization provisions (para. 1.1). (4) The compensation was classified as a new legal claim arising from the agreement of December 28, 2020. It was not deferred rent payments under the existing contract (paras. 5.4–5.5). (5.6) The compensation was agreed on December 28, 2020, but was only due 30 days later, i.e., in January 2021. According to the realization principle (Art. 80 para. 1 DBG), the claim is therefore deemed realized for tax purposes in the 2021 tax period (para. 5.6). (6) The allocation of CHF 7,842,000 to the 2020 tax period was legally erroneous. The full amount must be considered for the 2021 tax period. The division into later periods up to 2027 is unfounded, as the compensation was received as a lump sum and must be fully tax-assessed (paras. 5.5–7).
Summary of the dispositive
The complaint was upheld for the 2020 tax period and dismissed for 2021. Furthermore, the matter is remanded to the cantonal tax commission for recalculation, and reduced party compensations were ordered.
4D_110/2026: Non-admission of the complaint concerning eviction order
Summary of the facts
The complainant A.________ had rented premises in Lausanne from the respondent B.________. The respondent terminated the lease and obtained an eviction order from the first-instance authority (justice of the peace) based on a clear case (Art. 257d CO). The complainant appealed this order, which was dismissed by the lower court (Cantonal Court of Vaud, Civil Appeals Chamber). She challenged this decision with a subsidiary constitutional complaint to the Federal Supreme Court.
The complete summary of the judgment can be found in the portal.
4A_129/2026: Non-admission of the complaint concerning inadmissibility of a legal remedy and right to be heard
Summary of the facts
The complaint is directed against the declaration of inadmissibility of a legal remedy and the refusal of the right to be heard in a procedure for eviction of the complainant from a rented apartment. The courts of the canton of Geneva had previously rejected the restoration of the deadline for filing a legal remedy and ordered eviction from the apartment.
The complete summary of the judgment can be found in the portal.
8C_24/2026: Non-admission of the complaint concerning the calculation of income from real estate assets
Summary of the facts
The complainant A.________, recipient of a full disability insurance pension as well as pensions for her two children, also received supplementary benefits from July 2016. During a revision, income from rental relationships was identified from July 2023, which had not been previously declared. As a result, her entitlement to supplementary benefits was revoked as of October 2019, and she was obliged to repay benefits already paid. The cantonal lower court dismissed the appeal against this. With a complaint to the Federal Supreme Court, A.________ requested an adjustment of the calculation, in particular to avoid double counting of imputed rent and actual rental income.
The complete summary of the judgment can be found in the portal.
8C_756/2025: Non-admission of the complaint concerning entitlement to supplementary benefits
Summary of the facts
A.________ filed a complaint against the decision of the Social Insurance Office of the canton of Aargau (SVA) dated January 22, 2025, regarding the entitlement to supplementary benefits. The Insurance Court of the canton of Aargau dismissed the complaint by judgment of October 24, 2025, as it was submitted late. A.________ then filed a complaint with the Federal Supreme Court requesting annulment of the cantonal court’s judgment and an order to the lower court to examine the complaint.
The complete summary of the judgment can be found in the portal.
5A_850/2025: Non-admission of the complaint concerning custody and care arrangements for a child
Summary of the facts
After the parents of a child separated, the child and adult protection authority (KESB) ordered sole custody to the mother and a specific visitation right for the father. The father requested shared custody and extended care arrangements including overnight stays of the child. These requests were rejected by the district council and the cantonal court.
The complete summary of the judgment can be found in the portal.
7B_1423/2024: Non-admission of the complaint concerning non-investigation order of the public prosecutor’s office
Summary of the facts
The proceedings concerned complaints by B.A.________ as heir against a non-investigation order of the Public Prosecutor’s Office of the canton of Geneva. The background involved alleged asset transfers and dispositions related to foundation assets of the deceased A.A.________ as well as other criminal allegations. Several previous proceedings were closed without initiating a criminal investigation or indictment.
The complete summary of the judgment can be found in the portal.
4A_352/2026: Non-admission of the complaint concerning inadmissible appeal against an eviction order
Summary of the facts
The proceedings concern the challenge of a decision of the Cour d'appel civile of the Tribunal cantonal of the canton of Vaud (judgment of June 16, 2026), whereby the appeal of the complainants against an eviction order was declared inadmissible due to non-compliance with formal requirements (missing signature).
The complete summary of the judgment can be found in the portal.
1C_518/2025: Non-admission of the complaint concerning building permit for two residential units
Summary of the facts
The case concerned a building permit of D.________ Sàrl for the construction of two residential units on a property in Lausanne, partly near a forest boundary. The building permit was granted after balancing ecological and building law considerations. After unsuccessful challenge before the lower court, the Tribunal cantonal of the canton of Vaud, the neighbors filed a complaint to the Federal Supreme Court requesting annulment of the cantonal judgment and the underlying decisions of the municipality of Lausanne and the Directorate for the Environment (DGE).
The complete summary of the judgment can be found in the portal.
8C_33/2026: Non-admission of the complaint concerning higher compensation for loss of integrity for the right knee
Summary of the facts
The case concerns claims of the complainant against the Swiss National Accident Insurance Fund (CNA) for higher compensation for loss of integrity under accident insurance, specifically regarding compensation for the right knee. The complainant suffered a series of accidents (2002, 2004 and 2014), which led to different complaints. The CNA granted compensation for the left knee but denied compensation for the right knee, as no causal connection to the 2014 accident could be established. The lower court (Tribunal cantonal Vaud) dismissed the complaint against this decision, after which the complainant appealed to the Federal Supreme Court.
The complete summary of the judgment can be found in the portal.
8C_451/2026: Non-admission of the complaint concerning supplementary benefits to AHV/IV
Summary of the facts
The complainant, born in 1960, challenged a decision of the Service des prestations complémentaires (SPC), which was confirmed by the lower court, the Chambre des assurances sociales of the Cour de justice de la République et canton de Genève. The case concerned correction of erroneous supplementary benefits based on a foreign old-age pension and entitlement to retroactive payments.
The complete summary of the judgment can be found in the portal.
4A_264/2026: Non-admission of the complaint concerning reintegration of a football player
Summary of the facts
A French football player (complainant) demanded his reintegration in 2025 after being excluded from the first team of the Swiss football club B.________ SA. At the same time, he reported breaches of Swiss Olympics Ethics Statutes to the Swiss Sport Integrity (SSI) foundation. The SSI terminated the procedure as no breaches were found. The complainant challenged this termination order at the Swiss Sports Arbitration Court for judicial review.
The complete summary of the judgment can be found in the portal.
6B_206/2026: Non-admission of the complaint concerning violations of the Narcotics Act and forgery of documents
Summary of the facts
The complainant, A.________, was convicted for quantitatively qualified violation of the Narcotics Act, forgery of documents, and other offenses. The Regional Court Bern-Mittelland imposed a prison sentence of 28 months and 15 days but waived revocation of a conditional 17-month prison sentence. On appeal, the Cantonal Court of Bern increased the sentence to 6.5 years imprisonment and revoked the conditional suspension of the earlier sentence. The complainant filed a criminal appeal.
The complete summary of the judgment can be found in the portal.
9C_445/2026: Non-admission of the complaint concerning withdrawal of the complaint in a health insurance case
Summary of the facts
The complainant A.________ filed a complaint on July 10, 2026, against a judgment of the Cour de justice of the Republic and canton of Geneva, Social Insurance Chamber, dated June 15, 2026. By letter dated August 21, 2026, she withdrew her complaint.
The complete summary of the judgment can be found in the portal.
4A_384/2026: Non-admission of the complaint concerning distribution contract and precautionary measures
Summary of the facts
The A.________ SA filed a complaint on July 15, 2026, against the judgment of the Cour d'appel civile of the Tribunal cantonal of the canton of Vaud dated June 30, 2026. The dispute concerned a distribution contract and precautionary measures. On August 20, 2026, the complainant notified the Federal Supreme Court of the withdrawal of her complaint.
The complete summary of the judgment can be found in the portal.
1D_4/2026: Upholding of the complaint concerning residence requirement for public employees
Summary of the facts
A.________, employed as a truck driver for the city of Geneva since 2006, applied in May 2025 for an exemption from the prescribed residence requirement in the canton of Geneva, as he wanted to move to Saxon (canton of Valais). This was rejected by the responsible city authorities and the Geneva Administrative Court. A.________ then filed a subsidiary constitutional complaint with the Federal Supreme Court.
The complete summary of the judgment can be found in the portal.
8C_403/2026: Non-admission of the complaint concerning retroactive maintenance payments
Summary of the facts
A.________ filed a complaint against a decision of the Cour de justice of the Republic and canton of Geneva, which rejected A.________’s application to consider retroactively maintenance payments for his two daughters from 2019 to May 2024 within social assistance. He also requested exemption from court costs under legal aid.
The complete summary of the judgment can be found in the portal.
1C_690/2025: Non-admission of the complaint concerning building permit for residential building
Summary of the facts
The A.________ SA, future purchaser of a parcel in Lutry, applied for a building permit for three buildings with a total of 15 apartments and a parking lot. The responsible authorities refused the building permit because forest status was determined for an adjacent area that was not marked as forest in a publicly announced plan. The lower court confirmed the decisions of the lower authorities, after which A.________ SA filed a complaint with the Federal Supreme Court.
The complete summary of the judgment can be found in the portal.
8C_754/2025: Dismissal of the complaint concerning pension entitlement in disability insurance
Summary of the facts
The complainant (born in 1980) applied for disability insurance benefits in 2021. Initially, a capacity training and an expert opinion at the Neuro Institute St. Gallen were prepared, which was rejected by the IV office due to formal defects. A second expert opinion was prepared, which served the IV office to reject the application for a full disability pension. This decision was based on the assessment that no invalidating health damage was proven. The cantonal insurance court confirmed this decision. The complainant requested annulment of the order and granting of the pension by complaint to the Federal Supreme Court.
The complete summary of the judgment can be found in the portal.
6B_322/2026: Non-admission of the complaint concerning administration infidèle and violation of statutory bookkeeping obligations
Summary of the facts
A.________, former sole managing director of B.________ SA, was accused of administration infidèle (Art. 158 Swiss Criminal Code) and violation of statutory bookkeeping obligations (Art. 325 Swiss Criminal Code). The starting point was a leasing contract for a vehicle (Mercedes-Benz) valued at CHF 105,000, which allegedly served exclusively the interest of the sole shareholder and worsened the financial condition of the company. Additionally, he was accused of having failed to maintain the bookkeeping of B.________ SA for the year 2020.
The complete summary of the judgment can be found in the portal.
4A_215/2026: Non-admission of the complaint concerning lease contract
Summary of the facts
The complainant A.________ filed a complaint with the Federal Supreme Court against the decision of the Cour d'appel civile of the Tribunal cantonal of the canton of Vaud dated March 30, 2026. The subject of the proceedings was a lease contract. The complainant did not fulfill the procedural requirement necessary for processing the complaint, namely timely payment of the required advance on costs, and thus the complaint was declared inadmissible.
The complete summary of the judgment can be found in the portal.