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New Federal Court rulings from 06.10.2026

Latest Judgments of the Federal Supreme Court

Here you will find the most recent judgments of the Federal Supreme Court (BGer) from bger.ch. For the first three judgments, we present you with 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 on the Lexplorer portal. There you can configure your newsletter and receive the latest judgments individually tailored to your areas of law.

2C_307/2026: Non-admission of the appeal regarding the permit for self-employment

Summary of the facts

C.________, a Kosovar national, previously held a residence permit for family reunification, whose extension and later reissuance were finally refused. A company then applied for a permit for his self-employment; the competent cantonal authority refused this, and the cantonal court dismissed the appeal against this decision. The appellants brought an appeal in public law matters and a subsidiary constitutional complaint to the Federal Supreme Court.

Summary of the considerations

(E.4) The appeal in public law matters is inadmissible because Art. 19 AIG, due to its discretionary wording, does not grant a legal right to residence or permit, and no other claim is apparent. (E.5) The admissibility of the subsidiary constitutional complaint is examined. (E.5.1) Only constitutional rights can be alleged with this complaint; the complaint must be clearly and thoroughly substantiated. (E.5.2) The appellants lack standing in the matter due to the absence of a protected legal position. (E.5.3) A violation of party rights can exceptionally be asserted as formal denial of justice, provided the complaint is independent of the subject matter. (E.5.3.1) The complaint of violation of the right to be heard is inadmissible because it is insufficiently substantiated and would require an assessment of the case. (E.5.3.2) The complaint of bias is also inadmissible because no credible indications of prejudice were presented and the requirements for reasoning were not met. (E.5.4) The subsidiary constitutional complaint is therefore also inadmissible. (E.6) The court costs are imposed jointly and severally on the unsuccessful appellants; no party costs are awarded.

Summary of the dispositive

The appeal in public law matters and the subsidiary constitutional complaint are declared inadmissible. Court costs of 2,000 Swiss francs are imposed jointly and severally on the appellants; no party costs are awarded.


5A_797/2026: Non-admission of the appeal regarding approval of the accountability report and compensation of the guardian

Summary of the facts

The Autorità regionale di protezione 12 approved the accountability report concerning the representation guardianship in favor of the affected person for the period from January 1 to April 30, 2026, and awarded the guardian compensation of CHF 867.–. The presidency of the protection chamber of the Appellate Court of the Canton of Ticino did not admit the appeal against this decision due to insufficient reasoning. The affected person appealed this decision to the Federal Supreme Court and raised various criminal allegations.

Summary of the considerations

(E. 4) The submission is treated as an appeal in civil matters, as the matter concerning approval of the accountability report and compensation of the guardian is overall not of a pecuniary nature. (E. 4.1) The appeal must contain requests and reasoning; the appellant must engage with the reasoning of the contested decision and explain why it violates the law. Increased substantiation requirements apply for violations of fundamental rights and cantonal and inter-cantonal law. (E. 4.2) The appeal contains no request and does not meet the reasoning requirements because it insufficiently addresses the reasoning of the cantonal non-admission decision and does not demonstrate a legal violation. (E. 5) The appeal is manifestly inadmissible and manifestly insufficiently reasoned; it can be decided in summary proceedings. Due to the particularities of the case, no court costs are charged.

Summary of the dispositive

The appeal is not admitted. No court costs are charged.


5A_891/2026: Non-admission of the appeal concerning calculation of the debt enforcement minimum subsistence level and seizure of benefits

Summary of the facts

The appellant was affected by debt enforcement proceedings amounting to around CHF 4,500. The debt enforcement office calculated his minimum subsistence level under debt enforcement law and ordered the seizure of unemployment benefits; the cantonal supervisory authority dismissed his appeal insofar as it was not moot, or did not admit it in part. He filed an appeal in civil matters against this decision and additionally requested provisional measures and legal aid.

Summary of the considerations

(E.1) The debt enforcement office took into account initially submitted data indicating a monthly income of CHF 3,989.95 and allowable expenses of CHF 2,600. After submission of documents, rent and maintenance contributions were considered in the context of a revision. (E.2) The cantonal supervisory authority deemed the appeal partially moot, partly did not admit it due to lack of admissible objections, and dismissed it alternatively. Unknown or unproven expenses as well as subsequently incurred costs were not to be considered in the appeal proceedings but had to be asserted by way of a revision request under Art. 93 para. 3 SchKG. The calculation of the minimum subsistence level complied with the relevant requirements. Allegations of delay and denial of justice were insufficiently substantiated; there were no indications of misconduct by staff or disciplinary proceedings. (E.3) The appeal to the Federal Supreme Court is inadmissible with regard to item 4 of the dispositive, as this is merely a warning. The claim for payment of CHF 80,000 for moral damages exceeds the subject matter of the contested decision. Otherwise, the appeal does not satisfy reasoning requirements, contains inadmissible new facts and evidence as well as incomprehensible and insufficiently substantiated complaints. (E.4) The appeal is declared inadmissible in summary proceedings. The request for legal aid is dismissed due to lack of prospects; the provisional measures become moot.

Summary of the dispositive

The appeal was not admitted. The request for legal aid was dismissed and court costs of CHF 300 were imposed on the appellant.


1C_475/2026: Non-admission of the appeal concerning international legal assistance in criminal matters to Ukraine

Summary of the facts

The Federal Office? The Ministère public de la Confédération ordered the transmission of bank documents concerning A.________ and B.________ to the Ukrainian authorities. The Cour des plaintes of the Federal Criminal Court dismissed the appeal against this; the affected parties then appealed to the Federal Supreme Court in public law matters and requested, among other things, the complete refusal of legal assistance and the suspension of the proceedings.


7B_855/2026: Non-admission of the appeal concerning recusal of a cantonal judge

Summary of the facts

The Cour d'appel pénale of the Tribunal cantonal du canton de Vaud declared a recusal request filed by A.A.________ and B.A.________ against the cantonal judge Katia Elkaim inadmissible. The appellants lodged an appeal in criminal matters and additionally requested suspensive effect and legal aid.


7B_640/2026: Denial of justice in appeal proceedings due to late service of the reasoned judgment

Summary of the facts

The Tribunal de police convicted A.________ of qualified violation of the prohibition of driving under the influence to a fine. After the notice of appeal, the appellant was initially mistakenly served only the dispositive; the reasoned version was delivered later and forwarded to the appellate authority. A.________ filed a complaint against the Cour d'appel pénale for formal denial of justice.


5A_833/2026: Personal contact of the mother with the child placed in the return procedure

Summary of the facts

The mother brought her minor son from Spain to Switzerland. Within the framework of the return procedure initiated by the father under the Hague Convention on the Civil Aspects of International Child Abduction, the child was placed under the responsibility of the DGEJ and at a secret location. The cantonal instance withdrew the factual custody and the right to determine the place of residence from both parents and provisionally refused the mother any personal contact with the child. The child and the mother appealed this decision to the Federal Supreme Court.


7B_745/2026: Non-admission of the appeal concerning recusal requests and abuse of rights

Summary of the facts

The lower court declared the requests for recusal of public prosecutor Stephan Johner filed by A.A.________ and B.A.________ inadmissible due to obvious abuse. The affected parties appealed to the Federal Supreme Court in criminal matters.


9C_312/2024: Reclaim due to uneconomical treatment by a pediatric specialist

Summary of the facts

The appellant is a specialist in pediatrics. Various health insurers filed reclamation lawsuits for uneconomical treatment in the 2018 statistical year. The Administrative Court of the Canton of Schwyz partially upheld the lawsuit and ordered the appellant to repay CHF 105,479.–. She appealed in public law matters and requested annulment of the decision as well as dismissal of the lawsuit.


7B_287/2025: Non-admission of the appeal concerning non-prosecution due to violation of the duty of care and upbringing

Summary of the facts

The appellant filed a criminal complaint alleging violence by a teacher against her minor son at a private school. The public prosecutor did not proceed with the complaint; the cantonal appellate authority confirmed this order. The appellant appealed to the Federal Supreme Court, alleging in particular her own financial damages, compensation for the son, and violations of the right to a fair trial and to an effective and expeditious investigation.


7B_780/2026: Advance payment of costs in appeal against refusal to appoint a public defender

Summary of the facts

The appellant filed an appeal in criminal matters against the decision of the Geneva Chambre pénale de recours regarding refusal to appoint a public defender. After his request for legal aid was rejected, he did not pay the required advance on costs even within the deadline extension.


7B_944/2026: Non-admission of the appeal concerning house search

Summary of the facts

A.________, B.________ and C.________ filed appeals in criminal matters against a decision of the Cantonal Court of Zurich concerning a house search. After they did not pay the required advance on costs and also did not pay the advance within the deadline extension or accept the corresponding orders, the Federal Supreme Court did not admit the appeal.


6B_401/2026: Deportation of an EU national due to current and real danger to public order

Summary of the facts

The Italian appellant, who has lived in Switzerland since the age of five and receives a disability pension, was sentenced for attempted robbery and an offense against the narcotics law to a conditional prison sentence and a fine; his deportation for five years was also ordered. After a referral by the Federal Supreme Court, the cantonal appellate authority confirmed the deportation with reference to another final conviction for qualified assault and threats and a current and real danger to public order.


6B_260/2026: Attempted murder after brawl and sentencing

Summary of the facts

The appellant was convicted of attempted murder, affray, attempted theft, and an offense against traffic law. The cantonal appellate authority reduced the prison sentence to four years and six months and confirmed the conviction otherwise. The appellant particularly disputes having headbutted the private plaintiff with a sharp-edged object, contests the sentencing, and complains about the first-instance court composition.


9C_45/2024: Cost coverage for chiropractic treatments for chronic pain syndrome

Summary of the facts

The insured suffers from chronic cervicoscapular pain and has regularly undergone chiropractic treatment since 2007. The health insurance limited cost coverage to 36 sessions per year; the cantonal court granted cost coverage to this extent from August 27, 2010, to December 31, 2017, and dismissed further claims. The insured requested before the Federal Supreme Court full or extended coverage of chiropractic treatments.


8C_195/2026: Deductibility of rental costs for a storage room in supplementary benefits

Summary of the facts

The compensation office of Schwyz reassessed the appellant's claim for supplementary benefits to disability insurance and did not consider the monthly rental costs of CHF 200 for a storage room as a deductible expense. The Administrative Court of the Canton of Schwyz dismissed the appeal; before the Federal Supreme Court, the appellant requested recognition of these rental costs.


7B_835/2026: Non-admission of the appeal concerning legal aid and appointment of a free legal counsel

Summary of the facts

The cantonal appellate authority declared the appeal filed by A.________ against refusal of legal aid and appointment of free legal counsel inadmissible due to insufficient reasoning. A.________ appealed to the Federal Supreme Court in criminal matters and additionally requested legal aid.


2C_453/2026: Reasoning requirements for an appeal against a non-admission decision

Summary of the facts

A.________ filed several difficult-to-read and partly incoherent submissions with the Cour de justice of the Canton of Geneva. After the Cour de justice declared the appeal inadmissible due to lack of the contested decision and lack of requests, A.________ appealed to the Federal Supreme Court without plausibly contesting the reasons of the lower court.


9C_313/2024: Economic efficiency review and reimbursement of costs in health insurance

Summary of the facts

A specialist in pediatrics was sued by several health insurers for uneconomical treatment in the 2017 statistical year. The Administrative Court of the Canton of Schwyz ordered her to repay a total of CHF 133,747.–, against which she appealed in public law matters.


5A_831/2026: Provisional protective measures and personal contact between mother and minor child

Summary of the facts

The unmarried parents of C.________ lived separately; the mother had sole custody. After the father obtained a decision on parental custody in Spain, he filed a return request in Switzerland under the Hague Convention on the Civil Aspects of International Child Abduction. The child was placed under the responsibility of the DGEJ at a secret location. The cantonal judge confirmed the withdrawal of factual custody and provisionally denied the mother any personal relations with her son. The mother only appealed this denial of contact to the Federal Supreme Court.


9C_496/2026: Extension of deadline for submission of a power of attorney in the procedure for an assistance contribution

Summary of the facts

The IV office Bern denied the appellant's claim for an assistance contribution. The Administrative Court of the Canton of Bern did not admit the appeal due to lack of submission of a power of attorney. The appellant appealed this decision and submitted a power of attorney and a request for reinstatement of the deadline.


6B_41/2026: Import of methamphetamine and mandatory deportation

Summary of the facts

The appellant was convicted of qualified violation of the narcotics law and violation of the former weapons law to a prison sentence of 20 months. His deportation for five years was also ordered. Before the Federal Supreme Court, he claimed that the indictment violated the principle of accusation and that the deportation was disproportionate.


7B_900/2026: Conditional release from an inpatient therapeutic measure

Summary of the facts

The appellant was convicted of attempted murder and violations of the narcotics law to a prison sentence and was initially committed. The commitment was later replaced by an inpatient therapeutic measure. After his behavior deteriorated following discontinuation of medication and compulsory medication was ordered, the cantonal authorities rejected his conditional release and the lifting of the measure. He appealed to the Federal Supreme Court.


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