Latest Judgments of the Federal Supreme Court
Here you will find the most current judgments of the Federal Supreme Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and dispositives. For the other judgments, you will find a summary of the facts. The complete 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.
9C_406/2026: Coverage of costs for medical measures abroad in cases of birth defects
Summary of the facts
The appellant, who has suffered since birth from Pierre Robin sequence with a complete cleft palate and a ventricular septal defect, was treated in Germany with a Tübingen palatal plate due to obstructive sleep apnea and with drinking and swallowing training. The IV office refused to cover the costs for the medical measures abroad; the administrative court of the canton of Bern confirmed this decision.
Summary of the considerations
(E.1) The Federal Supreme Court generally bases its decision on the facts established by the lower court and reviews only the asserted complaints. (E.2) The dispute concerns whether the cost coverage for medical measures abroad was rightly denied. (E.3) There is no violation of the right to be heard; the complaint essentially concerns the substantive requirements for treatment abroad. (E.4) Insured persons with birth defects are entitled to medical measures. Cost coverage abroad requires, according to Art. 23bis para. 1 IVV, the impossibility of carrying out the treatment in Switzerland or, according to para. 3, other weighty reasons. (E.5.1) The lower court found that adequate treatment would have been possible at Swiss university hospitals and that no weighty reasons existed for treatment abroad. (E.5.2) Since treatment was possible in Switzerland, cost coverage under Art. 23bis para. 1 IVV is excluded; Art. 23bis para. 3 IVV must be examined. (E.5.3) Weighty reasons must be of significant importance and assessed prognostically. Greater experience of a foreign specialist clinic generally does not suffice; special circumstances such as a particularly rare disease, unsuccessful domestic therapies, or trust created by a strong medical recommendation in a therapy not available domestically are required. (E.5.4) The leading position of the clinic in Tübingen, its higher case numbers, and support letters alone do not constitute weighty reasons. There was no particularly rare treatment situation hardly known in Switzerland. Neither loss of trust nor alleged urgency justify treatment abroad. (E.5.5) The contested judgment complies with federal law. (E.6) The court costs are imposed on the appellant.
Summary of the dispositive
The appeal is dismissed. The court costs of CHF 500 are imposed on the appellant.
8C_125/2026: Suspension of unemployment benefits due to inappropriate behavior in a labor market measure
Summary of the facts
The appellant was dismissed with immediate effect and registered as unemployed. The Regional Employment Center assigned him to a French course as a labor market measure. After inappropriate behavior towards the educational team, the measure was discontinued, whereupon the competent authority suspended the entitlement to unemployment benefits for 16 days. The cantonal court dismissed the appeal against this decision.
Summary of the considerations
(E.1) The appeal in public law matters is generally admissible; the Federal Supreme Court is bound by the lower court's findings of fact unless they are obviously incorrect or violate the law. (E.2) The dispute concerns the suspension of the entitlement to unemployment benefits for 16 days. (E.3) According to Art. 30 para. 1 lit. d AVIG, the entitlement is suspended if an insured person does not follow instructions or impairs or prevents the process or purpose of a labor market measure by their behavior. The duration of the suspension depends on the degree of fault; 16 to 30 days correspond to medium fault. (E.4) The lower court was entitled to regard the foundation's account as more credible and to assume that the appellant's inappropriate behavior prevented the continuation of the measure. The suspension period of 16 days corresponds to the minimum duration for medium fault. (E.5) The right to be heard was not violated since the lower court examined the essential submissions, especially the discrimination objection, and no arbitrarily refused evidence measures were demonstrated. (E.6) The lower court's evaluation of evidence is not arbitrary; it was not obviously untenable to credit the foundation's account with greater credibility. (E.7) The principle of proportionality was not violated since unsuccessful reminders from the educational team about the appellant's duties did not make less severe measures appear promising. (E.8) The obviously unfounded appeal is dismissed in summary proceedings. Legal aid is denied due to lack of prospects of success; court costs are imposed on the appellant; the request for suspensive effect is moot.
Summary of the dispositive
The appeal was dismissed. Legal aid was denied, and court costs of 500 francs were imposed on the appellant.
1C_324/2026: Permit requirement and restoration in the conversion of offices into residential premises
Summary of the facts
The appellant used rooms authorized as offices in a building as habitable cells or as a hotel residence. After the subsequent building applications were rejected due to missing fire protection and accessibility requirements, the department prohibited their use as residential premises and ordered the restoration of the original office use. The cantonal authorities confirmed this order.
Summary of the considerations
(E.1) The appeal in public law matters is admissible; the requirements for admissibility are met. (E.2.1–2.2) The appellant asserts that the change of use from offices to apartments is not permit-required without construction work and that the property guarantee was violated; the question of any possible forfeiture can remain open as the complaint is unfounded. (E.2.3) Under federal law, a change of use is generally subject to a building permit requirement even if no construction work is necessary, provided the new use does not obviously have only minor effects on the environment and planning. Cantonal law can expand but not restrict the permit requirement. (E.2.4) The lower court's interpretation of cantonal law is to be corrected only in cases of arbitrariness; no such case exists. (E.2.5) The change of use from offices to residential premises could have impacts on fire protection, safety, hygiene, and accessibility for persons with reduced mobility. Therefore, a building permit could be required; Art. 3 para. 4 LDTR does not change this. (E.2.6) The rooms remain non-compliant, especially due to lack of accessibility for persons with reduced mobility. The removal of a partition wall did not eliminate all permit obstacles. (E.2.7) The prohibition of use and the restoration order are based on a legal basis and are proportionate. The public interest in compliance with building, safety, and accessibility regulations outweighs the appellant's private interests. (E.3) The appeal is dismissed insofar as it is admissible. The appellant is alternatively granted a deadline to adapt the rooms to the requirements for persons with reduced mobility or to restore them as offices; court costs are imposed on him.
Summary of the dispositive
The appeal was dismissed insofar as it was admitted. The appellant must adapt the rooms by March 31, 2027, either for persons with reduced mobility or restore them as offices and pay court costs of 4,000 francs.
8C_122/2026: Suspension of unemployment benefits due to disruptive behavior in a labor market measure
Summary of the facts
The appellant became unemployed and was obligated by the Regional Employment Center to attend a French course as a labor market measure. After the foundation demanded immediate interruption of the measure due to inappropriate and disruptive behavior, the General Directorate for Employment and Labor Market suspended the entitlement to unemployment benefits for 16 days. The cantonal court dismissed the appeal against this decision.
You can find the complete summary of the judgment in the portal.
7F_62/2026: Revision of a Federal Supreme Court decision of non-admission concerning preventive detention
Summary of the facts
On August 7, 2026, the Federal Supreme Court did not admit the applicant's appeal concerning release from custody because it was manifestly insufficiently reasoned. With submissions dated August 14 and 15, 2026, the applicant requested, in substance, revision of this judgment and simultaneously demanded his immediate release from preventive detention.
You can find the complete summary of the judgment in the portal.
4D_108/2026: Non-admission of the appeal concerning provisional measures
Summary of the facts
A.________ Sàrl challenged a decision on provisional measures. After being requested to pay an advance on costs, it initially disputed the cantonal cost advance; the cantonal court forwarded the appeal to the Federal Supreme Court. The appellant did not pay the cost advance of 800 francs set by the Federal Supreme Court even within the grace period.
You can find the complete summary of the judgment in the portal.
4D_118/2026: Withdrawal of the appeal concerning provisional legal opening
Summary of the facts
A.________ SA requested the Federal Supreme Court for a new review of the procedure concerning the provisional legal opening refused by the Tribunal de première instance genevois and the subsequent decision of non-admission by the Chambre civile of the Cour de justice of the canton of Geneva. After being asked to rectify irregularities and pay a cost advance, the appellant withdrew her appeal.
You can find the complete summary of the judgment in the portal.
2D_16/2025: Assessment and failure of a master's thesis
Summary of the facts
The appellant studied at the University of Teacher Education St. Gallen and submitted a master's thesis which was assessed as insufficient with a grade of 3 by the supervisors. After her legal remedies against the decision to revise or rework the master's thesis were unsuccessful, she filed a subsidiary constitutional complaint with the Federal Supreme Court, alleging in particular violations of the right to be heard, prohibition of arbitrariness, equal opportunities, economic freedom, and the right to a fair trial due to alleged bias of the supervisor.
You can find the complete summary of the judgment in the portal.
8C_95/2026: Coverage of single room surcharges during inpatient rehabilitation stay
Summary of the facts
A.________ suffers from a pre-service existing clonal mature B-cell neoplasm, most likely a CLL, and had an accident during military service. After an inpatient rehabilitation stay, he requested reimbursement from Suva military insurance for uncovered single room surcharges totaling CHF 16,120.–. Suva-MV refused the obligation to pay; the cantonal court ordered it to cover the surcharges, whereupon Suva-MV filed an appeal.
You can find the complete summary of the judgment in the portal.
5A_875/2026: Non-admission of the appeal concerning recusal in bankruptcy proceedings
Summary of the facts
Bankruptcy proceedings were opened against the appellant; the bankruptcy case is conducted by the Aargau bankruptcy office. His recusal request against the bankruptcy officer B.________ and, in substance, against members of the cantonal supervisory authority was dismissed or partially not processed by the cantonal court. He filed an appeal in civil matters against this decision and additionally submitted requests for suspensive effect, provisional measures, and legal aid.
You can find the complete summary of the judgment in the portal.
4A_19/2026: Violation of the right to be heard in international sports arbitration proceedings
Summary of the facts
An Egyptian professional footballer was asked to provide a second urine sample outside competition due to low density during a doping control. The first sample did not correspond to human urine according to the laboratory analysis; the Egyptian Anti-Doping Commission initially found no violation of anti-doping rules. On appeal by the World Anti-Doping Agency, the Tribunal Arbitral du Sport found the player guilty of prohibited manipulation or use or attempted use of a prohibited method and imposed a four-year ban. The player challenged the award due to violation of the right to be heard.
You can find the complete summary of the judgment in the portal.
9C_380/2026: Reasoning requirements for appeals against a decision of non-admission concerning a reconsideration request
Summary of the facts
The Swiss Compensation Office granted the appellant an ordinary old-age pension. It did not admit his reconsideration request; the Federal Administrative Court also did not admit the appeal against this. The appellant then filed an appeal in public law matters with the Federal Supreme Court, requesting in particular the establishment of a denial of justice and a formal decision on his reconsideration request.
You can find the complete summary of the judgment in the portal.
9C_438/2026: Standing of a municipality in appeals regarding gas fees
Summary of the facts
The political municipality of St. Gallen invoiced the owner of two multi-family houses for gas charges for the delivery periods 2022/2023 and 2023/2024. The administrative appeals commission partly classified the fees as a tax without legal basis and partly referred the matter back for recalculation. The administrative court essentially confirmed the violation of the cost recovery principle, issued further investigation orders, and did not admit the appeal regarding the later invoices. The municipality filed an appeal in public law matters to the Federal Supreme Court.
You can find the complete summary of the judgment in the portal.
7B_1086/2026: Non-admission of the appeal concerning seizure of vehicles
Summary of the facts
The Regional Public Prosecutor's Office Bern-Mittelland is conducting criminal proceedings against the appellant for violations of the Road Traffic Act. It seized two vehicles in view of a possible later confiscation; the cantonal court dismissed the appeal against this. The appellant requested the Federal Supreme Court to overturn the lower court's decision and the seizure and, alternatively, to refer the matter back.
You can find the complete summary of the judgment in the portal.
9C_526/2026: Withdrawal of the appeal concerning cantonal and municipal taxes as well as direct federal tax
Summary of the facts
A.A.________ and B.A.________ filed an appeal in public law matters against the judgment of the administrative court of the canton of Zurich concerning cantonal and municipal taxes as well as direct federal tax for the 2019 tax period. With a letter dated September 4, 2026, they withdrew their appeal.
You can find the complete summary of the judgment in the portal.
9C_470/2026: Non-admission of the appeal concerning the tax assessment for the 2022 tax period
Summary of the facts
The cantonal tax office Zurich assessed the appellant for the 2022 tax period differently from his declaration. It did not admit the objection due to lack of appeal; the tax appeals court and the administrative court of the canton of Zurich dismissed the legal remedies against this. The appellant filed a submission designated as “appeal/complaint” with the Federal Supreme Court.
You can find the complete summary of the judgment in the portal.
6B_133/2025: Commercial fraud, evidence use, and violation of the acceleration requirement
Summary of the facts
The Toggenburg District Court discontinued the criminal proceedings against A.________ for commercial fraud for part of the offense period due to limitation and sentenced her for the rest due to commercial and partly attempted commercial fraud to a prison sentence of 36 months, 24 months of which were suspended. The St. Gallen Cantonal Court confirmed the judgment but found a violation of the acceleration requirement. A.________ requests acquittal, alternatively discontinuation of proceedings or a fully suspended prison sentence before the Federal Supreme Court.
You can find the complete summary of the judgment in the portal.
7B_1084/2026: Appeals against dismissal of a release from custody request and continuation of preventive detention
Summary of the facts
The Regional Court Berner Jura-Seeland sentenced the appellant for multiple arson and attempted arson to a prison sentence of six years and kept him in preventive detention. After another release request, the Bern Cantonal Court dismissed it, ordered continued preventive detention, and set a blocking period for further release requests. The appellant filed appeals against two orders with the Federal Supreme Court.
You can find the complete summary of the judgment in the portal.