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New Federal Court rulings from 05.10.2026

Latest Judgments of the Federal Supreme Court

Here you will find the most recent judgments of the Federal Supreme Court (FSC) 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 on the Lexplorer portal. There you can configure your newsletter and receive the latest judgments individually tailored to your legal fields.

8C_501/2026: Withdrawal of the appeal in the procedure concerning social assistance

Summary of the facts

The appellant filed an appeal against an order of the Administrative Court of the Canton of Zurich concerning social assistance. By letter dated 14 September 2026, she withdrew the appeal filed on 4 August 2026.

Summary of the considerations

The appeal is to be struck off due to withdrawal in the proceedings pursuant to Art. 32 para. 2 BGG (Art. 71 BGG in conjunction with Art. 73 para. 1 BZP). The imposition of court costs is waived pursuant to Art. 66 para. 2 BGG.

Summary of the dispositive

The proceedings are struck off due to withdrawal of the appeal. No court costs are imposed.


7B_68/2026: Seizure to cover procedural costs in case of announced discontinuation

Summary of the facts

The appellant was investigated for corruption of foreign officials, money laundering, and data procurement. The cantonal criminal proceedings particularly concerned the seizure of the proceeds from the sale of a property to cover procedural costs; after a partial lifting, an amount of CHF 100,000 remained seized. The cantonal appellate court confirmed this measure. During the Federal Supreme Court proceedings, the public prosecutor issued a discontinuation order and, among other things, ordered the offsetting of procedural costs with seized assets.

Summary of the considerations

(E.1) The Federal Supreme Court affirms jurisdiction and the fundamental admissibility of the appeal. Due to the discontinuation order now issued and the use of the seized funds regulated therein, the question of current and practical legal protection interest can remain open. (E.2) A seizure to cover procedural costs is based on probability. Before the final decision, it can only be lifted if it is obviously excluded from the outset that costs or compensations can be imposed on the accused. This also applies if the public prosecutor announces the closure of proceedings due to lack of sufficient suspicion, since liability for costs under Art. 426 para. 2 CPP and claims for compensation remain possible. (E.2.3.4-E.2.3.5) The announced discontinuation is therefore not sufficient to lift the seizure for cost coverage. (E.3) The principle of proportionality is respected. There are indications of later non-payment of procedural costs, particularly due to the appellant's foreign residence and his conduct, by which he sought to obtain release of the funds before the final decision. (E.4) There is no violation of equality before the law. The allocation of costs belongs to the decision on the merits; for the precautionary measure, the possibility of joint liability for costs suffices. Additionally, the appellant does not demonstrate comparable treatment of other accused persons. (E.5) The appeal is dismissed insofar as it was entered upon; the court costs are imposed on the appellant.

Summary of the dispositive

The appeal is dismissed insofar as it was entered upon. The appellant bears the court costs of CHF 4,000; no party compensation is awarded.


1C_486/2026: Appeal against the non-admission decision due to non-payment of the advance on costs

Summary of the facts

The Road Traffic Office of the Canton of Schwyz revoked the appellant’s driver’s license for four months. After he did not pay the advance on costs set by the Administrative Court within the extended deadline and did not file an application for legal aid, the Administrative Court did not admit his appeal. The appellant filed an appeal with the Federal Supreme Court and basically requested the restoration of the deadline extension.

Summary of the considerations

(E. 1) The Administrative Court did not admit the cantonal appeal due to non-payment of the advance on costs within the granted extended deadline and imposed procedural costs on the appellant. (E. 2) The appellant filed an appeal with the Federal Supreme Court; no statements were obtained. (E. 3.1) The appeal must contain requests and sufficient reasoning which address the considerations of the contested decision. Insufficient reasoning leads to non-admission of the appeal. (E. 3.2) The appellant acknowledged not having paid the advance on costs and not having filed an application for legal aid. He did not explain why the non-admission decision should violate the law and basically filed a request for restoration of the deadline extension. Such a request must first be submitted to the last cantonal instance; direct appeal to the Federal Supreme Court is generally inadmissible. Moreover, the appeal obviously did not meet the reasoning requirements. The substantive submissions regarding the driver’s license revocation went beyond the permissible subject matter of the proceedings. The appeal was not admitted in the simplified procedure; the request for suspensive effect or precautionary measures became moot. The pleadings were forwarded to the lower instance for treatment as a request for restoration of the deadline. (E. 4) Despite the general obligation to pay costs, no cost imposition was made. The application for legal aid became moot; no party compensation was awarded.

Summary of the dispositive

The appeal is not admitted. No costs are imposed, and the pleadings are forwarded to the Administrative Court of the Canton of Schwyz for treatment as a request for restoration of the deadline.


2C_112/2026: Duty to give reasons when refusing legal aid in family reunification proceedings

Summary of the facts

The spouses A.A.________ and B.A.________ requested legal aid in the family reunification proceedings. The Administrative Court of the Canton of Solothurn rejected the application due to lack of prospects, set an advance on costs, and threatened non-admission of the appeal if payment was not made. They appealed to the Federal Supreme Court against this decision.


1C_492/2026: Extradition for enforcement of a foreign prison sentence

Summary of the facts

Italy requested Switzerland to extradite A.________ for enforcement of a prison sentence of four years and six months for fraudulent bankruptcy and other offenses. The Federal Office of Justice partially approved the extradition; the Federal Criminal Court dismissed the appeal filed against it and the request for suspension. A.________ appealed to the Federal Supreme Court, alleging procedural defects in the Italian criminal proceedings and violations of Art. 2 IAD, the ECHR, and the right to a fair hearing.


7B_185/2026: Unsealing of audio recordings from the practice of an accused psychiatrist

Summary of the facts

A criminal investigation was opened against a psychiatrist for sexual acts against a patient. During a search of his practice, a server, a laptop, and a mobile phone were seized; the appellant requested sealing of data concerning other patients due to medical confidentiality. The Tribunal des mesures de contrainte lifted the seals on 22 audio recordings, another audio file, as well as numerous sexual images and videos, after which the appellant filed a complaint.


7B_965/2026: Non-admission of the appeal regarding precautionary prohibition of final procedural decisions in recusal proceedings

Summary of the facts

The appellant filed an appeal in criminal matters against a procedural order of the Basel-Landschaft Cantonal Court relating to recusal. The lower court had rejected his request to prohibit the public prosecutor from issuing final procedural decisions until the recusal request was decided with final effect.


4F_24/2026: Non-admission of the appeal regarding restoration of deadline and revision due to non-payment of advance on costs

Summary of the facts

The applicant requested restoration of the deadline and revision of two Federal Supreme Court judgments. After failing to pay the imposed advance on costs within the original deadline and also within the extended deadline, non-admission was threatened.


4D_114/2026: Non-admission of the appeal regarding waiver or deferral of court costs

Summary of the facts

The Higher Court of the Canton of Bern rejected the appellant’s request for waiver or deferral of court costs in the amount of CHF 450.--, insofar as it admitted it. The appellant filed an appeal with the Federal Supreme Court and requested legal aid.


13Y_3/2026: Access to an expert report about the relationship between two Federal Supreme Court members

Summary of the facts

A.________, a reporter at a media company, requested the Federal Supreme Court under the Publicity Act to deliver a redacted version of an expert report on the relationship between two Federal Supreme Court members. The Secretary General of the Federal Supreme Court rejected the request, after which A.________ appealed to the Appeals Commission of the Federal Supreme Court.


8C_127/2026: Causation of complaints asserted later after a tick bite

Summary of the facts

The appellant suffered a tick bite on 11 July 2021 while gardening and was later tested positive for borrelia and treated with doxycycline. AXA covered the treatment immediately following the tick bite but denied accident causation of the complaints asserted from July 2022 onwards due to lack of proven bridging symptoms. The Higher Court of the Canton of Schaffhausen rejected the appeal against this.


9C_643/2025: Deductibility of additional private care costs in case of severe disability

Summary of the facts

The heirs of a married couple applied for full deductibility of costs related to the wife’s severe disability for the tax years 2011 and 2012. The cantonal authorities recognized various medical costs but denied the deduction of additional private care costs of more than CHF 600,000 annually. The Federal Supreme Court had to decide on the appeal filed against this.


4A_356/2026: Non-admission of the appeal regarding tenant eviction due to non-payment of the advance on costs

Summary of the facts

The appellant filed an appeal against a judgment of the Higher Court of the Canton of Zurich regarding tenant eviction. After failing to pay the requested advance on costs within the original and extended deadlines, the appeal was not admitted.


7B_8/2025: Standing to appeal in case of violation of the UWG and data theft

Summary of the facts

A.________, sole member of the board of B.________ SA, filed criminal charges in his own name and on behalf of the company against a former administrative employee for unauthorized photographing of confidential documents about doctors at the clinic operated by the company. The public prosecutor did not proceed with the criminal complaint for violation of the Federal Act against Unfair Competition and data theft. The cantonal appellate court declared A.________’s appeal inadmissible and dismissed the company’s appeal, insofar as it admitted it. Both filed appeals to the Federal Supreme Court.


2C_429/2026: Non-admission of the appeal regarding non-extension of short-term residence permit and refusal of residence permit

Summary of the facts

The Migration Office of the Canton of Zug refused a Canadian citizen the extension of a short-term residence permit and the issuance of a residence permit and ordered him to leave Switzerland. After the Security Directorate did not admit his appeal due to non-payment of the advance on costs, the Administrative Court lifted the provisional suspensive effect regarding enforcement. The person concerned applied to the Federal Supreme Court for restoration of suspensive effect and for further precautionary measures.


4A_232/2026: Non-admission of the appeal regarding legal capacity and admissibility of a payment claim

Summary of the facts

B.________ Ltd filed a payment claim against A.________ SA before the Tribunal de première instance of the Canton of Geneva for CHF 8,084,280.77 plus interest. The first instance court established the legal capacity of B.________ Ltd; the Cour de justice of the Canton of Geneva confirmed this decision. A.________ SA challenged the interlocutory decision before the Federal Supreme Court and requested that the claim be declared inadmissible.


5A_647/2026: Non-admission of the appeal regarding recusal of a cantonal judge

Summary of the facts

The appellants requested the recusal of a cantonal judge who had been involved in earlier proceedings. After the cantonal administrative jurisdiction declared the recusal request inadmissible, the cantonal civil appeals chamber did not admit the appeal filed against this. The appellants filed an appeal in civil matters, subsidiarily a constitutional complaint, and requested legal aid before the Federal Supreme Court.


7B_1013/2026: Non-admission of the appeal regarding discontinuation and requirements for reasoning

Summary of the facts

The Higher Court of the Canton of Bern dismissed the appellant’s appeal against the discontinuation order of the Regional Public Prosecutor’s Office Oberland, insofar as it admitted it. The appellant filed an appeal in criminal matters with the Federal Supreme Court.


8C_282/2026: Disability pension for congenital partial hemimelia

Summary of the facts

The appellant, born in 1962, suffers from congenital partial hemimelia of the left forearm. After various investigations, the IV office denied her claim to a disability pension; the Social Insurance Court of the Canton of Zurich confirmed this order. The appellant requests a full disability pension before the Federal Supreme Court, subsidiarily further investigations.


2C_224/2026: Release from attorney-client privilege to enforce a fee claim

Summary of the facts

Attorney D.________ requested release from attorney-client privilege towards his former clients, the heir community A.________ sel. and C.________ AG, to enforce an outstanding fee claim of CHF 50,181.70 and to defend himself against defamation allegations. The supervisory commission released him from privilege to the requested extent; the Higher Court dismissed the appeal filed against this, insofar as it admitted it. The heir community and C.________ AG appealed to the Federal Supreme Court.


9C_578/2026: Non-admission of the appeals regarding premiums and cost contributions from compulsory health insurance

Summary of the facts

Mutuel Krankenversicherung AG removed the legal objections of A.________ in four debt enforcement cases concerning premiums and cost contributions from compulsory health insurance. The Administrative Court of the Canton of Schwyz rejected the appeals, confirmed the lifting of the legal objections, and granted definitive legal opening. A.________ appealed against all four decisions to the Federal Supreme Court.


5A_637/2026: Recusal request against a court president

Summary of the facts

The appellants requested the recusal of President C.________ in three proceedings concerning super-provisional and precautionary measures against the Centre hospitalier universitaire vaudois. The Tribunal civil de l'arrondissement de Lausanne rejected the recusal request; the Cour administrative of the Tribunal cantonal confirmed this decision. The appellants filed an appeal in civil matters, subsidiarily a constitutional complaint.


5A_226/2026: Non-admission of the appeal regarding precautionary measures, personality protection, and recusal

Summary of the facts

The appellant requested precautionary measures to protect her personality against a doctor and a cantonal directorate. The first instance court rejected the application; the cantonal single judge rejected the recusal request against the first instance judge and declared the cantonal appeal inadmissible for lack of sufficient reasoning. Before the Federal Supreme Court, the appellant requested the recusal of the cantonal judge and a federal judge and filed an appeal in civil matters.


7B_889/2026: Non-admission of the appeal regarding restoration of the objection period against a penal order

Summary of the facts

The public prosecutor issued a penal order against the appellant for petty theft. The appellant filed an objection and requested precautionary restoration of the objection period; after the public prosecutor rejected this request, the Cantonal Court did not admit the appeal filed against this. The appellant then appealed to the Federal Supreme Court.


4A_53/2026: Mediation clause in the legal opening procedure

Summary of the facts

The creditor granted the debtor a loan of CHF 450,000, to be repaid in three installments, as well as a lump sum interest of CHF 200,000. The loan agreement contained a prior mediation clause. After the debtor failed to repay, the creditor initiated debt enforcement and obtained provisional legal opening; the debtor’s cantonal appeal was dismissed.


5A_709/2026: Recusal request against cantonal judges and requirements for appeal reasoning

Summary of the facts

The parents A.________ and B.________ requested the recusal of three cantonal judges who participated in a decision concerning the restriction of their parental authority and precautionary child protection measures. The Cour administrative declared the recusal request inadmissible; the Chambre des recours civile also did not admit the appeal filed against this. The parents appealed to the Federal Supreme Court in civil matters.


4D_132/2026: Striking off of an unclear appeal procedure regarding legal opening

Summary of the facts

The Higher Court of the Canton of Zurich did not admit the appeal of the respondent against the decision of the District Court of Zurich which dismissed the applicant’s request for legal opening. The respondent submitted an unclear filing to the Higher Court, which was forwarded to the Federal Supreme Court; despite a request, he did not confirm that he wished to pursue formal appeal proceedings.


4A_421/2026: Non-admission of the appeal regarding tenant eviction

Summary of the facts

The Regional Court Oberland granted the eviction request of the respondent and obliged the appellant to vacate a 4.5-room apartment including cellar and outdoor parking space and to hand over the keys. The Higher Court of the Canton of Bern dismissed the appeal against this. The appellant then filed an appeal with the Federal Supreme Court and requested legal aid and suspensive effect.


4A_463/2026: Non-admission of the appeal regarding correction of commercial register entries

Summary of the facts

The appellant applied to the Administrative Court of the Canton of Zurich for exemption from the advance on costs obligation in proceedings concerning correction of commercial register entries. The Administrative Court rejected the request and reduced the security to CHF 1,320.--. The appellant filed an appeal against this to the Federal Supreme Court.


2C_485/2026: Irreparable disadvantage in the revocation of the professional practice permit

Summary of the facts

The appellant’s professional practice permit as a physician was fully and indefinitely revoked; a suspension effect was withdrawn in an administrative appeal. The government council rejected the request for restoration of suspensive effect, whereupon the Higher Court did not admit the appeal filed against this for lack of an irreparable disadvantage.


4A_70/2026: Contractual residual remuneration and clausula rebus sic stantibus in COVID-19 measures

Summary of the facts

The parties concluded a contract on 18 February 2020 for operational support and development of a seasonal restaurant for the 2020 to 2022 seasons. After official COVID-19 measures, the appellant effectively cancelled the 2020 season and the cooperation, whereupon the respondent sued for the contractually agreed residual remuneration of CHF 99,262.85. The Tribunal de première instance ordered the appellant to pay; the Cour de justice of the Canton of Geneva dismissed the appeal.