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New Federal Court rulings from 01.10.2026

Latest Judgments of the Federal Supreme Court

Here you will find the most recent judgments of the Federal Supreme Court (FSCD) 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 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.

2C_475/2026: Appeal against failing the ETH Zurich entrance exam

Summary of the Facts

The appellant took the comprehensive entrance examination for the Bachelor's degree in Computer Science at ETH Zurich twice after being granted compensation for disadvantages and failed both times. After the ETH Appeals Commission and the Federal Administrative Court rejected his legal remedies, he filed numerous electronic submissions with the Federal Supreme Court and requested his final admission to ETH.

Summary of the Considerations

(Para. 1) The appellant failed the ETH Zurich entrance exam for the second time. The ETH Appeals Commission and the Federal Administrative Court dismissed his remedies. The Federal Supreme Court requested him to submit a shorter, clearly structured, and consolidated legal brief due to excessively verbose submissions. (Para. 2.1) It can remain open whether the exclusion ground under Art. 83 lit. t FPC applies, as the appeal is inadmissible for other reasons. (Para. 2.2) The appeal must contain the request, reasoning, and signature; the reasoning must be fact-related and specifically address the relevant considerations of the contested decision. A qualified obligation to raise and reason constitutional complaints applies. Excessively verbose briefs may be returned for improvement. (Para. 2.3) In favor of the appellant, it is assumed that he improved his complaint with the submission of September 2, 2026. Subsequent submissions are not considered. (Para. 2.4) The Federal Administrative Court found that the appellant did not sufficiently concretely allege the claimed undervaluation of his exam performance and did not prove a timely asserted medical impediment to examination. It dismissed the obviously unfounded appeal. (Para. 2.5) The appellant specifically challenges the assessment of his performance, time management during oral exams, and alleged unequal treatment. (Para. 2.6) These statements do not meet the reasoning requirements of Art. 42 para. 2 FPC. The appellant does not engage with the considerations of the Federal Administrative Court and does not sufficiently justify the alleged violation of Art. 8 para. 1 Federal Constitution. (Para. 3.1) The appeal is obviously insufficiently reasoned. The presiding judge does not enter into the appeal as a single judge in the simplified procedure under Art. 108 FPC; any requests for provisional measures become moot. (Para. 3.2) Exceptionally, court costs are waived; party compensation is not awarded.

Summary of the Dispositive

The appeal is not admitted in the simplified procedure under Art. 108 FPC. No court costs are charged and no party compensation is awarded.


7B_579/2026: Recusal of a court clerk due to former client status in a hair salon

Summary of the Facts

A.________ was charged and convicted of sexual coercion, rape, and serious traffic violations. During the main hearing, he requested the recusal of court clerk Valentine Moschini because she had previously been a customer at his hair salon. The criminal court rejected the recusal request; the cantonal appellate court confirmed this decision. A.________ then appealed to the Federal Supreme Court.

Summary of the Considerations

(Para.1) The Federal Supreme Court reviews its jurisdiction and the admissibility of the appeal ex officio. The appeal against the decision on the recusal of a member of a criminal authority is admissible; the formal requirements are met. The cantonal authority should have decided as the competent authority under Art. 59 para. 1 lit. b CCP and not as an appellate instance under Art. 393 para. 1 lit. b CCP, but the appellant suffered no disadvantage from this. (Para.2) The request to consult the case files is moot, as the lower court transmitted these to the Federal Supreme Court. (Para.3) Court clerks are subject to recusal rules if they participate in the decision-making, even if only with an advisory vote. A recusal obligation under Art. 56 lit. f CCP exists for objective circumstances that give the appearance of bias; mere subjective impressions are insufficient. Friendship or enmity must reach a certain intensity. The former client status of the court clerk at the hair salon and possible everyday contacts with the appellant, the private plaintiff, or other persons do not, without additional circumstances, create the appearance of bias. There is no arbitrary finding of facts or violation of Art. 56 CCP, Art. 30 para. 1 FC, or Art. 6 ECHR. (Para.4) The appeal is rejected insofar as it is admissible. The losing appellant bears the court costs.

Summary of the Dispositive

The appeal is rejected insofar as it is admissible. The court costs of 3,000 Swiss Francs are imposed on the appellant.


6B_465/2026: Evaluation of evidence in simple bodily harm and property damage

Summary of the Facts

A.________ was convicted by the Chambre pénale d'appel et de révision of the Cour de justice of the Canton of Geneva for simple bodily harm and property damage. He was accused of having struck B.________ multiple times in the face after a heated argument and damaging his glasses. A.________ appealed this decision in a criminal matter and requested annulment of the judgment and legal aid.

Summary of the Considerations

(Para. 1) The appellant requests annulment of the contested judgment and remand of the case; however, his appeal reveals that he seeks an acquittal. The Federal Supreme Court therefore admits the appeal despite the generally cassatory prayers for relief. (Para. 2) The complaint of arbitrary evaluation of evidence and findings of fact is examined according to the principles of Art. 105 para. 1, Art. 97 para. 1, and Art. 105 para. 2 FPC. (Para. 3.2) The cantonal instance was entitled to consider proven, based on credible statements of the private plaintiff, medical findings, and other witness statements, that the appellant struck B.________ multiple times and broke his glasses. The differing statements of the appellant were rightly rejected as inconsistent and not credible. (Para. 3.3) The complaint regarding the omission to hear an additional witness is inadmissible due to failure to exhaust the cantonal remedies and violation of the principle of good faith. Therefore, the violation of the right to be heard or the right to evidence is not examined. (Para. 3.4) The appellant does not demonstrate arbitrary evaluation of the witness statements. The witnesses' membership in the same student fraternity is insufficient to demonstrate arbitrariness. (Para. 3.5) The statements of an additional witness do not make the lower court's assessment appear obviously untenable. The findings of fact could be based on a convincing bundle of congruent indications. (Para. 3.6) The complaints regarding alcohol tests and additional police interrogations are also inadmissible due to failure to exhaust cantonal remedies. No violation of federal law is apparent. (Para. 3.7) The cantonal instance did not act arbitrarily by considering the bundle of congruent indications sufficient to dispel serious doubts about the facts relevant to the conviction. (Para. 4) The appeal is dismissed in the simplified procedure insofar as it is admissible. Legal aid is denied due to lack of prospects of success; court costs are imposed on the losing appellant.

Summary of the Dispositive

The appeal was dismissed insofar as it was admissible. The request for legal aid was denied and court costs of 1,200 Swiss Francs were imposed on the appellant.


9C_491/2026: Appeal against the dismissal of a request for revision regarding health insurance premiums

Summary of the Facts

The insurer initiated debt collection proceedings for outstanding premiums of the compulsory health insurance and ancillary claims and lifted the objections raised against them. The cantonal court dismissed the appeals against the objection decisions; the Federal Supreme Court did not admit an earlier appeal. The cantonal court then dismissed the revision request against its decision, against which the insured person filed an appeal and submitted several supplements and requests for suspensive effect.


4A_240/2026: Outstanding family allowances and alleged offsetting with a loan

Summary of the Facts

The employee or partnership company and the employee were in an employment relationship. The employee claimed family allowances totaling 24,061.90 Swiss Francs; the cantonal courts ordered the company, after crediting a payment of 3,500 Swiss Francs, to pay 20,561.90 Swiss Francs. The company appealed in civil matters and specifically asserted payment of the claim and its offsetting against a loan.


4A_292/2026: Non-admission of the appeal regarding non-payment of the advance on costs

Summary of the Facts

The Tribunal de première instance genevois dismissed the appellant's claim for denial of debt. The Chambre civile of the Cour de justice of the Canton of Geneva declared the appeal against this decision inadmissible due to non-payment of the required advance on costs. In the Federal Supreme Court proceedings, the appellant also did not pay the imposed advance within the grace period.


9C_395/2026: Complaint of delay in proceedings in disability insurance procedure

Summary of the Facts

The appellant filed a complaint of delay in proceedings against the disability insurance office of the Canton of St. Gallen because it did not transfer the files to the IVSTA and initiate further investigations. After the IVSTA decided on the pension entitlement during the Federal Supreme Court proceedings, the appellant maintained the finding of a delay in proceedings.


4A_322/2026: Recusal request against judge and commissioner

Summary of the Facts

A.________ SA is in a dispute with D.________ Sàrl over shareholder status. In proceedings under Art. 731b CO, the Tribunal de première instance appointed C.________ as commissioner to represent A.________ SA. A.________ SA requested the recusal of the first-instance judge B.________ and the commissioner C.________. The cantonal authorities dismissed the recusal request and the appeal against it.


1C_439/2026: Legal aid and official defense counsel in international criminal mutual assistance proceedings

Summary of the Facts

The appellant challenged a Federal Prosecutor’s order at the Federal Criminal Court to transmit the record of his interrogation and attachments to the Ukrainian General Prosecutor’s Office. At the same time, he applied for legal aid, exemption from advance on costs, and appointment of an official defense counsel. After the Federal Criminal Court did not decide separately on these requests, he filed an appeal for denial or delay of justice with the Federal Supreme Court.


4A_446/2026: Non-admission of the appeal regarding lease agreement, eviction, and rent arrears

Summary of the Facts

The first-instance judge ordered the tenant to vacate the leased commercial premises and condemned him to pay rent arrears and daily compensation for unlawful use. The cantonal court dismissed the appeal and confirmed in particular the validity of the extraordinary termination under Art. 257d CO and the applicability of summary proceedings for clear cases. The tenant filed a civil appeal against this decision with the Federal Supreme Court.


4A_185/2026: Proof of loss of earnings in daily sickness allowance insurance

Summary of the Facts

The insured was employed as a computer engineer and insured for daily sickness benefits through her employer. After a total incapacity for work, the insurer paid daily sickness benefits but stopped payment as of December 1, 2024, following a psychiatric assessment. The cantonal claim for continuation of payment and payment of 62,426.42 Swiss Francs was dismissed. The insured appealed this decision to the Federal Supreme Court.


5A_718/2026: Non-admission of the appeal regarding the daughter's placement

Summary of the Facts

C.________ is the daughter of A.________ and B.________, who live separately. The Child and Adult Protection Authority provisionally withdrew the parents' right to determine the daughter's place of residence and ordered her placement in an institution with weekend stays at home. The lower court dismissed the appeal filed by B.________. A.________ challenged this decision before the Federal Supreme Court and requested, among other things, the hearing of the minor and the annulment of the cantonal decision.


1C_463/2026: Non-admission of the appeal regarding denial of justice in international criminal mutual assistance

Summary of the Facts

The appellant challenged before the Federal Criminal Court the transmission of an interrogation protocol and its attachments to the Ukrainian authorities. He also requested various interim measures, including suspension, access to files, and prevention of transmission before the substantive decision. After the Federal Criminal Court did not decide on these requests in advance, he filed an appeal for denial or delay of justice with the Federal Supreme Court.


6B_432/2026: Fraud and forgery of documents in false turnover declaration for a Covid-19 loan

Summary of the Facts

The appellant was a board member of a company and signed a Covid-19 loan agreement of 30,000 Swiss Francs on April 1, 2020. He knowingly declared an inflated turnover of 301,584 Swiss Francs, although the turnover reported for the first three quarters of 2019 was 150,214 Swiss Francs, and used parts of the loan to repay private loans. After the company’s bankruptcy, the respondent was held liable for the loan and became a subrogated creditor and criminal and civil plaintiff. The cantonal appellate court convicted the appellant of fraud and forgery.


6B_521/2026: Non-admission of the appeal regarding criminal conviction and recusal request

Summary of the Facts

The Cantonal Court of Appenzell Innerrhoden dismissed the appellant's appeal and convicted him of obstruction of official acts, multiple disobedience of the debtor in debt enforcement and bankruptcy proceedings, traffic violations, and other offenses to a conditional fine and a penalty. The appellant filed an appeal with the Federal Supreme Court and also broadly requested the recusal of court members.


6B_211/2026: Simple bodily harm and insult; right to be heard and evaluation of evidence

Summary of the Facts

The appellant was convicted of simple bodily harm and insult because, after a verbal altercation, he repeatedly struck a person’s head and body, insulted and injured her daughter. The cantonal court rejected his appeal. Before the Federal Supreme Court, he alleged, among other things, violations of the right to be heard, the right to confrontation, and arbitrary findings of fact.


5F_44/2026: Non-admission of the appeal regarding revision of a Federal Supreme Court judgment

Summary of the Facts

The applicant requested revision of the Federal Supreme Court judgment 5A_497/2026 of July 7, 2026, which had not admitted her appeal regarding the declaration of nullity of a debt enforcement in summary proceedings. She relied on Art. 121 lit. d FPC and argued that the Federal Supreme Court had misunderstood the subject matter, the service certificate, and her counter-evidence.


4D_156/2026: Non-admission of the appeal regarding enforcement of an expulsion order

Summary of the Facts

The Juge de paix of the Lausanne district set the enforcement of an expulsion order against A.________ for August 13, 2026. A.________ requested a grace period and submitted a medical certificate; the Chambre des recours civile of the Tribunal cantonal of the Canton of Vaud dismissed the appeal. Against this decision, she filed a subsidiary constitutional complaint and requested legal aid.


4A_111/2026: Refund of payment for services not rendered

Summary of the Facts

B.________ Limited initially commissioned C.________ SA and later A.________ Sàrl with paid marketing consulting under Irish law. After the cooperation ended on April 30, 2019, B.________ claimed a refund of 50,000 euros because A.________ had been paid for eight months but only provided services for four months. The first-instance court ordered A.________ to pay; the Cour de justice dismissed the appeal.


6B_645/2026: Non-admission of the appeal regarding attempted coercion and defamation

Summary of the Facts

The Cantonal Court of Aargau convicted the appellant of attempted coercion and defamation to an unconditional fine of 120 daily rates at CHF 10 each. The appellant filed a submission with the Federal Supreme Court containing a “constitutional complaint,” objection, claim, criminal charges and reports, a claim for damages, and a supervisory complaint.


9C_569/2025: Disability pension and wage table deduction for psychological and somatic complaints

Summary of the Facts

The appellant re-registered for benefits with the disability insurance due to psychological and somatic complaints. Based on a multidisciplinary expert report, the IV office determined disability degrees of 32 and 39 percent and denied entitlement to a disability pension. The Social Insurance Court dismissed the appeal against this.


4A_382/2026: Reasoning requirements for the appeal against refusal of legal aid

Summary of the Facts

The Bern-Mittelland conciliation authority rejected the appellant’s request for legal aid due to lack of need. The Bern cantonal court dismissed the appeal against this. The appellant challenged this decision with several submissions to the Federal Supreme Court.


1C_527/2025: Subsequent building permit and dismantling of a chain-link fence in the watercourse area

Summary of the Facts

The appellant submitted a building application for a balcony extension and various existing garden elements. The cantonal building permit department rejected the garden design along the Bünz and ordered, in particular, the dismantling of a chain-link fence protruding into the transitional watercourse area and the creation of a green strip. The government council and the administrative court of the Canton of Aargau dismissed the appeals. The appellant requests the Federal Supreme Court to allow the chain-link fence and clarify the greening requirement.


4F_27/2026: Revision of a decision regarding definitive legal enforcement due to alleged non-consideration of the appeal reasoning

Summary of the Facts

A.________ challenged a decision of the Cour des poursuites et faillites of the Tribunal cantonal of the Canton of Vaud regarding definitive legal enforcement at the Federal Supreme Court. The Federal Supreme Court declared the appeal obviously inadmissible due to insufficient reasoning and dismissed the request for legal aid. A.________ filed a revision request pursuant to Art. 121 lit. d FPC, alleging that the Federal Supreme Court did not consider the reasoning of his appeal.


4G_1/2026: Correction of the dispositive regarding party compensation

Summary of the Facts

The plaintiff filed a payment claim against the defendant based on an apprenticeship contract. After the Federal Supreme Court dismissed the appeal, the plaintiff requested correction of item 3 of the dispositive because the considerations did not award party compensation to the defendant, but the dispositive granted her compensation of 2,500 Swiss Francs.


8C_405/2025: Medical assessment of entitlement to benefits from disability insurance

Summary of the Facts

The appellant, born in 1968, suffered a comminuted fracture of the left femur in a motorcycle accident in 2004 and was retrained as a logistics assistant. After many years as a painter, he re-registered in 2023 with the disability insurance due to psychological and somatic complaints. The IV office denied entitlement to benefits, and the administrative court of the Canton of Zug dismissed the appeal against this.


9D_11/2026: Non-admission of the appeal regarding waiver of court costs and legal aid

Summary of the Facts

The appellant requested waiver of court costs imposed on him in various proceedings from the Canton of Aargau. After the requests were rejected, he filed an administrative appeal and requested legal aid. The administrative court dismissed this request, set an advance on costs, and did not decide on a reconsideration request. The appellant appealed both decisions to the Federal Supreme Court.


4A_380/2026: Restoration of the deadline for a conciliation hearing after shoulder surgery

Summary of the Facts

The tenant challenged the termination of his lease but did not appear at the scheduled conciliation hearing. After the conciliation proceedings were dismissed, he requested restoration of the deadline due to shoulder surgery and resulting incapacity to work and drive. The conciliation authority and the cantonal court rejected the request, after which he filed a civil appeal with the Federal Supreme Court.


4D_134/2026: Non-admission of the appeal regarding eviction under tenancy law

Summary of the Facts

The justice of the peace of the district La Riviera - Pays-d'Enhaut ordered the tenant to vacate and return the leased premises. The Cour d'appel civile of the Tribunal cantonal of the Canton of Vaud dismissed the appeal because the tenant had not paid the rent within the set payment deadline and the lease had therefore been validly terminated. The tenant appealed this decision to the Federal Supreme Court and requested legal aid.


2C_464/2026: Extension of detention pending deportation

Summary of the Facts

The appellant, born in Egypt, was deported from Switzerland multiple times, repeatedly returned despite entry bans, and was sentenced for various offenses to imprisonment and a six-year ban from the country. After his arrest, the Migration Office ordered detention pending deportation, which was extended several times; the administrative court dismissed his appeal against the last extension. The appellant requests the Federal Supreme Court to annul this decision and order his immediate release.


4A_294/2026: Non-admission of the appeal regarding non-payment of the advance on costs

Summary of the Facts

The Tribunal de première instance genevois dismissed A.________’s claim for denial of debt against B.________. The Chambre civile of the Cour de justice of the Canton of Geneva declared the appeal inadmissible due to non-payment of the advance on costs. A.________ appealed in civil matters to the Federal Supreme Court but also did not pay the additional advance on costs imposed.


7B_892/2026: Non-admission of the appeal regarding discontinuation of criminal proceedings due to false medical certificate

Summary of the Facts

The appellant filed a criminal complaint against experts and accused persons of a company regarding an allegedly false multidisciplinary medical report based on which his disability pension was denied. After the public prosecutor initially issued a non-initiation order and later a discontinuation order, the appellate court dismissed the appeal. The appellant then appealed to the Federal Supreme Court.


4F_20/2026: Non-admission of the appeal regarding revision of a decision on definitive legal enforcement

Summary of the Facts

The applicant filed a revision request against the Federal Supreme Court decision 4D_34/2026, which declared his appeal inadmissible due to lateness. Despite two requests and explicit reference to legal consequences, he did not pay the advance on costs for the revision procedure.


7B_905/2026: Withdrawal of the appeal regarding denial and delay of justice

Summary of the Facts

The appellant filed an appeal against a decision of the Zurich cantonal court regarding denial and delay of justice. After being requested to pay an advance on costs, he withdrew the appeal.


5A_809/2026: Non-admission of the appeal regarding non-disclosure of a debt enforcement

Summary of the Facts

B.________ AG initiated debt enforcement proceedings against the appellant at the St. Gallen debt enforcement office. After the appellant raised an objection, the creditor requested provisional legal enforcement. The debt enforcement office rejected the request for non-disclosure of the debt enforcement, and the appellant unsuccessfully appealed to the cantonal instances and then the Federal Supreme Court.


4A_191/2026: Employer status and liability for wage claims of a domestic worker

Summary of the Facts

The employee worked from November 2017 as a domestic worker in the household of the appellant and his wife based on an oral contract. After termination of employment, she claimed outstanding wages and compensation for unjustified immediate dismissal; the cantonal courts ordered the appellant to pay 14,859.30 Swiss Francs in wages and 9,093 Swiss Francs in compensation.