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New Federal Court rulings from 08.10.2026

Latest Judgments of the Federal Court

Here you will find the most recent judgments of the Federal Court (BGer) 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 full 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.

1C_149/2026: Challenge to a special use plan and associated local zoning amendments

Summary of the Facts

A.________ SA is the owner of an undeveloped plot of land in Manno, which is partly assigned to the residential zone and partly to the industrial zone. The municipal planning authority adopted the special use plan Piana-Caminada-Cairelletto with associated local plan amendments; this provides, among other things, building parcels, a common green area, traffic infrastructures, and a general land readjustment. The State Council approved the plan and dismissed the owner’s complaint. The Administrative Court partly upheld the complaint and amended certain provisions regarding collective land dedication; in other respects, it dismissed the complaint. The owner then brought an appeal in public law matters to the Federal Court.

Summary of the Considerations

E.1: The appeal against the final decision of the last cantonal instance is timely and in principle admissible in spatial planning law. The owner’s standing to appeal is established. E.2: The involvement of the legal representative as a fellow student of a part-time Federal Judge does not constitute an incompatibility under Art. 6 para. 2 BGG. No circumvention of the prohibition on representation is proven; the legal representative is authorized to represent. E.3: The appeal largely fails to meet the reasoning requirements. General, appellate complaints, repetitions of earlier submissions, objections to first-instance decisions, as well as insufficiently reasoned fundamental rights complaints are disregarded. E.4: The examination is limited to the contested special use plan. Earlier planning variants are not subject to dispute. The lower court was entitled to omit additional evidence collection and more detailed fact-finding due to lack of relevance for the decision; arbitrariness is not demonstrated. E.5: The right to be heard and the obligation to give reasons are not violated. The lower court addressed the points essential to the decision. The complaints regarding the State Council’s reasoning, cantonal cognition, and an alleged conflict of interest of the municipality are unfounded or insufficiently substantiated. E.6: The complaints regarding the overall balancing of interests under Art. 3 and 47 RPV are largely insufficiently reasoned. The planning report takes into account the existing and planned zoning, the surroundings, traffic connections, private and public interests, as well as environmental compatibility. No abuse of discretion is shown. E.7: The requirements for information and participation under Art. 4 RPG were fulfilled. The municipality conducted public events and individual meetings. An individual response to each objection was not required; the raised objections mainly concern the plan’s implementability. E.8: The lower court freely reviewed and confirmed the plan amendments made ex officio by the State Council. No unlawful restriction of cognition exists. E.9: The special use plan does not constitute a severe property restriction since the complainant’s building possibilities basically remain and are partly expanded. Art. 54 para. 1 of the former cantonal law forms an adequate legal basis. The plan was foreseen in the municipal utilization plan; no nullity of the relevant provision is apparent. The complaints concerning public interest and proportionality are appellate and unfounded. E.10: The plan is not unsuitable due to alleged implementation or financing difficulties. It can be realized in stages and does not require an agreement of all landowners. The claimed necessity of expropriation and related costs are not sufficiently established and not decisive for the present proceedings. E.11: The merely suggested violation of economic freedom has no independent significance compared to the property guarantee and is insufficiently reasoned. E.12: Art. 25a RPG does not require formal coordination of the special use plan with the subsequent general land readjustment. Material coordination is provided for in the plan; the question of equivalence is to be assessed in the land readjustment procedure. Regarding the common green area, no unlawful lack of coordination is demonstrated. E.13: The appeal is to be dismissed as far as it is admissible. Court costs are imposed on the appellant; no party compensation is awarded to the municipality.

Summary of the Dispositive

The appeal was dismissed insofar as it was admitted. Court costs amounting to 4,000 Swiss francs were imposed on the appellant; no party compensation was awarded to the municipality.


1C_431/2026: Requirements for reasoning in an appeal against the withdrawal of a driver's license

Summary of the Facts

The cantonal traffic authority withdrew A.________'s driver's license for twelve months because he drove a motor vehicle despite an ongoing withdrawal. The cantonal legal remedies were unsuccessful; before the Federal Court, he requested the termination of the proceedings regarding the license withdrawal.

Summary of the Considerations

(E.1) The Federal Court examines ex officio whether and to what extent it can enter into the appeal. The appeal must precisely present the legal violation and engage with the reasoning of the contested decision; appellate criticism is insufficient. (E.2) The lower court found that driving a motor vehicle despite withdrawal constitutes a serious violation and, due to recidivism, a license withdrawal of at least twelve months must be ordered. The appeal does not sufficiently engage with these considerations but essentially repeats its own factual presentation and does not specify clearly violated legal norms. The complaints are therefore insufficiently reasoned and inadmissible. (E.3) The obviously insufficiently reasoned appeal is not to be admitted in simplified proceedings. Court costs are imposed on the losing appellant.

Summary of the Dispositive

The appeal is not admitted. Court costs of CHF 300.– are imposed on the appellant.


7B_1011/2026: Non-admission of the appeal regarding non-initiation of criminal proceedings

Summary of the Facts

The High Court of the Canton of Aargau did not admit the appellant’s appeal against the non-initiation order of the Rheinfelden-Laufenburg public prosecutor's office. The appellant filed a criminal appeal with the Federal Court and essentially requested the consideration of his complaint as well as the granting of legal aid.

Summary of the Considerations

(E.1) The High Court did not admit the cantonal appeal against the non-initiation order; the appellant turned to the Federal Court. (E.2.1) The appeal is evidently inadmissible insofar as it concerns the non-initiation of criminal proceedings against a member of the High Court, as no civil claim can exist. (E.2.2) Otherwise, the submission does not meet the reasoning requirements under Art. 42 para. 2 and Art. 106 para. 2 BGG, especially regarding any possible civil claim and standing to appeal. The statements on recusal are limited to inadmissible appellate criticism. (E.2.3) The appellant raises no formal complaints that would be admissible despite lack of standing. (E.3) The appeal is not to be admitted in simplified proceedings. The request for legal aid is to be rejected due to obvious lack of prospects; court costs are to be imposed on the appellant, considering his financial situation.

Summary of the Dispositive

The appeal is not admitted. Legal aid is refused and court costs of CHF 500.– are imposed on the appellant.


1C_413/2026: Access to a judicial police dossier and recusal request

Summary of the Facts

The appellant requested from the responsible judge full access to the judicial police dossier concerning her and additionally filed a recusal request. The responsible judge refused direct access after having provided her with a summary of the dossier, whereupon the Cantonal Court dismissed both the recusal request and the appeal.


5A_948/2026: Non-admission of the appeal regarding inheritance matter

Summary of the Facts

The appellant filed a claim and an amended claim against the respondent in connection with a division of inheritance or inheritance reduction claims. The District Court did not admit the claim due to lack of an actual legal request or lack of connection between the reasoning and the legal request. The Cantonal Court also did not admit the appeal for lack of sufficient reasoning. The appellant then filed an appeal with the Federal Court.


1D_8/2026: Non-admission of the appeal regarding public law employment procedure and legal aid

Summary of the Facts

The appellant participated in a public employment procedure of a municipality. After the cantonal authorities partially addressed her complaints and the lower court declared a further complaint inadmissible due to lack of current and concrete interest and refused legal aid, she turned to the Federal Court and requested the annulment of the lower court decision and the court fee.


1C_50/2026: Jurisdiction in termination of a private-law employment relationship of a public-law institution

Summary of the Facts

A.________ was employed as manager and later as director of the Caisse publique de prêts sur gage of the Canton of Geneva. After a prolonged period of incapacity to work, the employer terminated the employment relationships because he did not return to work after his medical certificate expired. The Administrative Law Chamber of the Geneva Cour de justice did not admit his appeal, as the staff statute provided for private-law employment relationships and the civil courts were competent.


6B_242/2026: Attempted coercion through abusive payment orders

Summary of the Facts

A.________ sent several payment orders for very large amounts against two companies. The cantonal instances qualified the executions as abusive and convicted him of multiple attempted coercion to a fine; the cantonal court largely confirmed the judgment. A.________ filed a criminal appeal and alleged arbitrariness and violation of the right to be heard.


1C_52/2026: Closure of an appointment procedure due to conflicts of interest and close personal relationship

Summary of the Facts

The appellant applied for a professorship at the Centre B.________ of the University of U.________ and was unanimously proposed first and actually the only candidate by the appointment committee. The rector closed the appointment procedure due to a non-transparent treated conflict of interest and because of the appellant’s close family and partnership relationship with the deputy director of the small centre. The cantonal lower court dismissed the appeal.


8C_205/2026: Accident insurance benefits after stair fall and degenerative pre-existing condition

Summary of the Facts

The appellant suffered a contusion of the lumbar spine in a stair fall. Suva closed the case and denied further benefits, as the claimed complaints were most probably due to degenerative pre-existing conditions. The Insurance Court of the Canton of Solothurn dismissed the complaint.


7B_1114/2026: Preventive detention due to concrete flight risk and bail by a third party

Summary of the Facts

The appellant was taken into custody on the urgent suspicion of commercial fraud. After indictment, the coercive measures court ordered preventive detention until 30 October 2026, whereby the cantonal appellate court in particular affirmed a concrete flight risk and rejected release on bail. The appellant requests her immediate release against bail posted by a third party and other substitute measures before the Federal Court.


1C_287/2025: Building permit for two residential buildings and review of static forest boundaries

Summary of the Facts

B.________ Sàrl applied for a building permit for two single-family homes with six parking spaces on two parcels in the municipality of Crésuz. The prefect granted the building permit and an exemption permit for the protection of woody plants outside the forest; the objections raised were rejected. The Cantonal Court dismissed the appeal of the affected neighbor and nature conservation organizations. Before the Federal Court, the appellants complained, among other things, about insufficient investigation of a protected biotope and the forest boundaries.


8C_491/2025: Cost approval for a Matura education as a vocational measure

Summary of the Facts

The appellant requested coverage of costs for a Matura education at a private high school as part of vocational measures of disability insurance. The IV office rejected this, and the Insurance Court of the Canton of Aargau dismissed the complaint. Before the Federal Court, the appellant claimed in particular that the assessment of her school and training ability was based on incomplete medical investigations.


9D_13/2026: Non-admission of the appeal regarding waiver of procedural costs

Summary of the Facts

The Administrative Court dismissed a complaint, refused legal aid, and imposed procedural costs of CHF 500.– on the appellant. Upon his request, it deferred the procedural costs until 31 December 2026. The appellant requested the Federal Court to waive procedural costs and grant legal aid.


8C_90/2025: Child lump-sum deduction in premium reduction and alternating custody

Summary of the Facts

The appellant, divorced father of four minor children, applied for premium reductions for the year 2024. The compensation office denied entitlement because child lump-sum deductions were not considered and the relevant income thus amounted to CHF 38,475.10. The Cantonal Court dismissed the complaint. Before the Federal Court, the appellant requested the granting of premium reductions and compensation for his free legal representative.


6B_391/2026: Compensation for electronic surveillance in acquittal criminal proceedings

Summary of the Facts

The appellant was acquitted in a criminal case of property damage and violation of the weapons law. He requested compensation under Art. 429 para. 1 lit. c CPP because he served electronic surveillance and detention, partly based on the later overturned proceedings. The cantonal instance dismissed his appeal.


1C_257/2026: Periodic fire protection inspections and municipal supervisory duties

Summary of the Facts

The government council of the Canton of Ticino amended the cantonal fire protection regulation and expanded in particular the mandatory periodic inspections, the duties of municipalities, and transitional periods. Several municipalities and the Associazione dei Comuni Ticinesi requested full repeal of the amendment or subsidiarily later entry into force.


9C_45/2026: Non-admission of the appeal regarding joint contributions

Summary of the Facts

The appellant filed an appeal in public law matters against a decision of the Insurance Court of the Canton of Ticino regarding joint contributions. After she did not pay the advance on costs despite a grace period, she requested legal aid; the request was denied and another non-extendable grace period for payment was set, which expired unused.


6B_770/2025: Duty of care of truck driver when crossing roadway outside pedestrian crossing

Summary of the Facts

A.________ approached an intersection with a truck and stopped at a STOP signal. B.________, a pedestrian, crossed the roadway outside the pedestrian crossing directly in front of the truck, whereupon she was hit and seriously injured; her left leg had to be amputated. The cantonal court convicted A.________ of negligent serious bodily injury, against which he filed a criminal appeal.


2C_556/2026: Appeal against refusal to extend residence permit and expulsion

Summary of the Facts

The cantonal migration authority refused to extend the residence permit of a Portuguese national due to long-term dependence on social assistance and ordered her expulsion from Switzerland. The cantonal court did not admit the late appeal; the Cour de justice dismissed the subsequent appeal, upon which the affected person appealed to the Federal Court and contested the restoration of the appeal deadline.


7B_1005/2026: Non-admission of the appeal regarding non-initiation and legal aid

Summary of the Facts

The appellant filed an appeal with the Federal Court against a non-initiation order of the public prosecutor’s office of the Canton of Solothurn and against the decision of the High Court of the Canton of Solothurn. The High Court had, among other things, rejected legal aid and legal representation and demanded security for court costs.


6B_889/2025: Restoration of the objection deadline against a penal order

Summary of the Facts

The appellant received a penal order for various traffic and drug offenses. After she did not pick up the registered mail due to a hospital stay related to alleged physical and psychological aggression, she filed a late objection and requested restoration of the deadline. The cantonal authorities rejected her request.


8C_259/2026: Accident causality and cessation of benefits for degeneratively pre-damaged knee

Summary of the Facts

The appellant injured his left knee by slipping at work. Suva initially provided medical treatment and daily allowances but ceased benefits as of 17 December 2024. The Insurance Court of the Canton of Aargau confirmed the cessation. The appellant continues to demand statutory benefits or alternatively further medical examinations.


9C_477/2026: Petition regarding tax burden on AHV and supplementary benefits

Summary of the Facts

A.________ and B.________ complained to the government council of the Canton of Lucerne about the tax burden on AHV and supplementary benefits and submitted proposals for solutions. After the government council had replied several times in writing, they alleged denial of justice and demanded issuance of an appealable order. The Cantonal Court of Lucerne did not admit their appeal; they then filed an appeal with the Federal Court.


6B_466/2026: Sentencing for continued illegal stay

Summary of the Facts

The appellant was sentenced to a fine of 180 daily rates of 30 francs for serious traffic rule violations, illegal stay, and unauthorized employment. The cantonal appellate court confirmed the judgment. Before the Federal Court, he challenged in particular the sentencing for the continued illegal stay and requested a lower fine.


6B_287/2026: Embezzlement and forgery of documents; insufficient reasoning of sentencing

Summary of the Facts

A.________ was convicted of commercial embezzlement and forgery of documents in connection with the theft of cash from hotel cash registers. The cantonal appellate court fixed the prison sentence at three years and seven months; A.________ contested in particular the findings on the period of the offense and the sentencing.


8C_89/2025: Compensation for free legal aid counsel in cantonal appeal proceedings

Summary of the Facts

The appellant was appointed as free legal aid counsel in the cantonal proceedings regarding premium reduction. Although the Cantonal Court dismissed her client’s appeal, it did not award her compensation. She requested a lump-sum compensation of CHF 2,600 including expenses and VAT before the Federal Court.


4D_152/2026: Non-admission of the appeal regarding tenant eviction

Summary of the Facts

The District Court Dielsdorf granted an eviction request by the respondent and ordered the appellant to vacate and return an apartment within 14 days. The High Court of the Canton of Zurich dismissed the appeal insofar as it admitted it, upon which the appellant brought the matter to the Federal Court.


4A_100/2025: Appeal against an international arbitral award on investment expropriation

Summary of the Facts

A.________ initiated arbitration proceedings against the People’s Republic of China based on the 1986 investment protection agreement and demanded compensation for an alleged expropriation of land use rights. The arbitral tribunal seated in Geneva found a violation of the agreement and awarded A.________ USD 26,045,613.90 plus interest and costs and party compensation. The People’s Republic of China challenged the award before the Federal Court and requested its annulment as well as a declaration of the arbitral tribunal’s lack of jurisdiction.


6B_630/2024: Service fiction for uncollected penal order and late objection

Summary of the Facts

The public prosecutor convicted A.________ by penal order for theft and assault to a suspended fine and a fine. The registered penal order was not collected; A.________ filed an objection only later. The District Court did not admit it, and the High Court dismissed the subsequent complaint.


7B_1050/2026: Jurisdiction for placement in security detention

Summary of the Facts

The Criminal Court of Lucerne convicted A.________ inter alia for attempted conditional intent murder and ordered security detention and subsequently security enforcement A in the Thorberg correctional facility. The Cantonal Court of Lucerne did not admit the request of the correctional facility for extension of the placement and referred it to the execution and probation service of the Canton of Lucerne. The Senior Public Prosecutor’s Office of the Canton of Lucerne challenged this order before the Federal Court.


5A_939/2026: Suspension of auction and withdrawal of appeal

Summary of the Facts

The appellants were pursued in several debt enforcement proceedings on the basis of mortgage foreclosure. After they disputed an easement recorded in the land register and requested suspension of the auction, the debt enforcement office, the District Court, and the High Court rejected their requests. The appellants filed a civil appeal with the Federal Court, but the auction took place during the proceedings and they withdrew their appeal.


9C_471/2026: Non-admission of the appeal regarding inter-cantonal double taxation

Summary of the Facts

The appellant was assessed for state and municipal taxes 2021 with a taxable net profit of CHF 0.– and taxable equity capital of CHF 833,000.– The cantonal tax office did not admit the objection, the tax appeals court did not admit the appeal, and the Administrative Court did not admit the complaint due to lack of protectable interest or factual reasoning. Before the Federal Court, the appellant requested the determination and removal of inter-cantonal double taxation between the Cantons of Thurgau and Zurich.


5A_906/2026: Complaint for delay in justice regarding suspension of auction

Summary of the Facts

The appellants were pursued in several debt enforcement proceedings on the basis of mortgage foreclosure. After the debt enforcement office rejected their request to suspend the auction, they lodged appeals with the District Court and thereafter the High Court of the Canton of Zurich. While proceedings before the High Court were still pending, they filed a complaint for delay in justice with the Federal Court due to the perceived non-treatment of suspensive effect. After the High Court dismissed the complaint, the appellants withdrew their complaint for delay in justice.


8C_512/2026: Non-admission of the appeal regarding social assistance and claims for damages and compensation

Summary of the Facts

The appellant challenged before the Federal Court the judgment of the Cantonal Court of Basel-Landschaft, which did not admit his complaint against a government council decision. The cantonal proceedings concerned the cessation of social assistance and claims for damages and compensation.