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New Federal Court rulings from 09.10.2026

Latest Decisions of the Federal Supreme Court

Here you will find the most recent decisions of the Federal Supreme Court (FSCR) from bger.ch. For the first three decisions, we present detailed summaries with facts, considerations, and dispositives. For the further decisions, you will find a summary of the facts only. The complete summaries of all decisions are available on the Lexplorer portal. There you can configure your newsletter and receive the latest decisions individually tailored to your areas of law.

1C_493/2026: Non-admission of the appeal concerning voting rights complaint and advance on costs

Summary of the facts

The appellant filed a complaint in public law matters against the cantonal court’s non-admission of a voting rights complaint regarding a cantonal referendum. The cantonal court did not admit the voting rights complaint due to a not timely paid advance on costs. The appellant did not dispute the non-payment of the advance on costs but did not sufficiently address the challenged decision.

Summary of the considerations

(E.1) The cantonal court did not admit the voting rights complaint within the grace period due to non-payment of the advance on costs. (E.2) The appellant filed an appeal with the Federal Supreme Court and submitted a revised complaint; no submissions were requested. (E.3.1) Legal briefs must contain the requests, reasoning, and signature. The appeal reasoning must address the challenged decision; for fundamental rights violations, a qualified duty to allege and reason applies. If the reasoning is insufficient, the appeal is not admitted. (E.3.2) The appellant did not dispute the non-payment of the advance on costs but did not concretely demonstrate that the cantonal court’s non-admission violated the law. Her appellate criticism did not meet the reasoning requirements. Furthermore, additional requests exceeded the permissible subject matter of the proceedings. Therefore, the appeal was not admitted in the simplified procedure. (E.4) Court costs were waived; no party compensation was awarded.

Summary of the dispositive

The appeal is not admitted. No costs are imposed and no party compensation is awarded.


5A_940/2026: Non-admission of the appeal concerning bankruptcy opening and late filing

Summary of the facts

Bankruptcy was declared against the appellant at the request of the respondent. The cantonal appellate authority declared the complaint against this decision inadmissible due to lateness; before the Federal Supreme Court, the appellant claimed to have filed the complaint on time and submitted a new photograph in this regard.

Summary of the considerations

(E.4) The appeal is treated as a civil law complaint; further admissibility requirements are not examined due to obvious lack of prospects. (E.5) The cantonal authority correctly determined that the ten-day appeal period started on 9 July 2026, ended on 20 July 2026, and the complaint filed on 21 July 2026 was late. (E.6) The appellant claims submission on 20 July 2026 and presents a new photograph. (E.7) Timely filing must be clearly proven; the postmark creates a presumption that can be rebutted under certain conditions. A photograph of the deposit in a mailbox generally does not suffice. (E.8) The new photograph is inadmissible under Art. 99 para. 1 BGG because the appellant did not designate the evidence before the deadline; moreover, the photograph alone would not be probative. Arguments regarding solvency are irrelevant for the admissibility of the appeal. (E.9) The appeal is not admitted in the simplified procedure; court costs are imposed on the appellant. The request for suspensive effect becomes moot.

Summary of the dispositive

The appeal was not admitted. The court costs of 500 Swiss francs were imposed on the appellant.


4A_510/2026: Non-admission of the appeal concerning declaratory action

Summary of the facts

The District Court Olten-Gösgen did not admit the appellant’s declaratory action and imposed court costs and party compensation on him. The Higher Court did not admit the appeal against this decision. The appellant filed an appeal with the Federal Supreme Court.

Summary of the considerations

(E. 1) The district court did not admit the declaratory action; the higher court did not admit the appeal. The appellant filed an appeal with the Federal Supreme Court without submissions being requested. (E. 2) The appeal is manifestly based on vexatious and abusive litigation and is inadmissible under Art. 42 para. 7 BGG. Therefore, the appeal is not admitted in the simplified procedure by the presiding judge. (E. 3) The appellant bears the court costs. No party compensation is awarded to the respondent due to lack of compensable expenses.

Summary of the dispositive

The appeal is not admitted. The appellant bears court costs of CHF 800, and no party compensation is awarded.


7B_856/2026: Advance on costs in criminal appeal concerning violation of the Road Traffic Act

Summary of the facts

The appellant filed a criminal appeal against a decision of the Bern Cantonal Supreme Court concerning a violation of the Road Traffic Act and appeal. Despite request and set grace period, he did not pay the advance on costs of CHF 3,000.


1C_545/2026: Non-admission of the appeal concerning denial and delay of justice

Summary of the facts

The Road Traffic and Shipping Office rejected the appellant’s application for learner’s permits for categories A (35 kW) and B. After several submissions regarding provisional measures and denial or delay of justice, the appellant again filed an appeal against a letter of the Administrative Court that refused to forward his submission to the Federal Supreme Court and to order provisional measures.


5F_55/2026: Revision of a decision due to alleged obvious negligence

Summary of the facts

The applicant requested the revision of a Federal Supreme Court decision of 31 August 2026, which declared his subsidiary constitutional complaint inadmissible due to insufficient reasoning. He alleged obvious negligence, requested protective measures, and applied for legal aid.


1C_524/2026: Appeal against the non-admission decision concerning the message on the package Stabilisation and Further Development of Switzerland-EU Relations

Summary of the facts

The appellant filed an objection or appeal against the Federal Council’s message on the package “Stabilisation and Further Development of Switzerland-EU Relations (Bilateral III)”. The Federal Administrative Court rejected his application for legal aid, requested payment of an advance on costs, and did not admit the appeal after non-payment. The appellant filed a complaint in public law matters with the Federal Supreme Court.


7B_1066/2026: Advance on costs in appeal concerning summons to penal custody

Summary of the facts

The appellant filed a criminal appeal against a decision of the Administrative Court of the Canton of Zurich concerning the summons to penal custody. Despite request and non-extendable grace period, he did not pay the advance on costs of CHF 800.


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