Latest Federal Supreme Court Judgments
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 rulings. For the other judgments, you will find a summary of the facts. 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.
6B_355/2026: Embezzlement in Asset Management
Summary of the Facts
The appellant was the sole member of the board of a company that carried out asset management mandates. The investments he made caused significant losses for several investors. The regional court convicted him of multiple counts of embezzlement; the cantonal court confirmed the conviction and reduced the fine. The appellant filed a criminal complaint and requested an acquittal as well as free legal aid.
Summary of the Considerations
(E.1) The Federal Supreme Court generally bases its assessment on the factual findings of the lower instance. Appellate criticism and insufficiently reasoned claims of arbitrariness are inadmissible. (E.1.3) The objections against the expert report are general and do not address the lower court's considerations adequately; therefore, they are inadmissible. (E.2) The requirements of embezzlement under Art. 158 No. 1 Para. 1 of the Criminal Code are set out. The appellant, as asset manager, violated contractual duties of information, care, and protection. The investors suffered significant financial damage causally connected to the breaches of duty. Based on the established circumstances, the appellant acted at least with conditional intent. (E.3) The requirements for official defense under Art. 132 of the Criminal Procedure Code, in particular proof of indigence, are explained. The appellant did not sufficiently demonstrate his complex financial and social situation and did not adequately engage with the findings of the lower court. (E.4) The complaint is to be dismissed to the extent admissible. The request for free legal aid is rejected due to lack of substantiation and futility; the court costs are imposed on the appellant but reduced.
Summary of the Ruling
The complaint was dismissed, insofar as admissible. The request for free legal aid was denied and reduced court costs of CHF 1,200 were imposed on the appellant.
7B_876/2026: Formal Decision on Free Legal Representation after Conclusion of Appeal Proceedings
Summary of the Facts
The Cantonal Court of Basel-Landschaft found that the appellant committed an attempted grievous bodily harm while in a state of incapacity and ordered a stationary therapeutic measure. After the appeal proceedings concluded, his legal representative repeatedly requested free legal representation or official defense for further care and enforcement-related activities. The Cantonal Court responded negatively in letters without issuing a formal decision.
Summary of the Considerations
(E.1) The Federal Supreme Court examines its jurisdiction and the admissibility requirements ex officio. (E.1.1) A complaint alleging denial or delay of justice requires that the refusal of a contestable decision be challenged. (E.1.2) A decision by the Cantonal Court regarding official defense or free legal representation would generally be contestable by criminal appeal. (E.1.3) A formal denial of justice occurs if an authority does not process a properly and timely submitted matter, although it should decide on it. (E.1.4) The Cantonal Court responded to the requests by letters; it was to be examined whether, in particular, the letter dated 1 June 2026 constituted a contestable decision. (E.1.5.1) The character of a decision depends not only on the designation and external form but also on whether the competent authority decides bindingly on a request. (E.1.5.2) The letter of 1 June 2026 contained a negative legal opinion but neither an operative part nor a legal remedy instruction and was signed only by a court clerk with the note "on behalf of the presidency." A binding decision act by the competent authority was not apparent. The complaint alleging denial of justice is therefore to be upheld and the matter referred back to the Cantonal Court for decision. (E.1.5.3) Whether there is a substantive entitlement to official defense or free legal representation was not to be judged. (E.2) No court costs are imposed. The canton of Basel-Landschaft must pay the legal representative of the appellant compensation; the application for free legal aid and representation thus becomes moot.
Summary of the Ruling
The complaint is upheld and the matter is remanded to the Cantonal Court of Basel-Landschaft for decision. No court costs are imposed and the appellant's legal representative is awarded CHF 2,000 in compensation.
9C_204/2026: Further Entitlement to a Full Disability Pension
Summary of the Facts
The appellant applied for benefits from the disability insurance in September 2022. After medical and occupational investigations, including a multidisciplinary report by SMAB AG, the IV office granted her a full pension for the period from 1 March 2023 to 31 July 2024 and denied further entitlement. The Insurance Court of the canton of Aargau dismissed the complaint; before the Federal Supreme Court, the appellant claims an indefinite full pension or further investigations.
Summary of the Considerations
(E. 1) The Federal Supreme Court relies on the facts found by the lower court and examines legal violations and qualifiedly alleged obviously incorrect factual findings. (E. 2) The request for a full pension from 1 March 2023 is to be interpreted as also requesting pension payment beyond 31 July 2024; the entitlement beyond this date is disputed. (E. 2.1) The lower court correctly presented the case law on the probative value and assessment of medical reports and expert opinions and duly considered medical reports dated after the decision. (E. 2.2) Expert opinions from external specialists have full probative value unless there are concrete indications against their reliability. (E. 3.1) The SMAB AG report diagnosed a mild depressive episode and attested a 70% working capacity in the previous occupation and 80% in an adjusted job. (E. 3.2) The lower court was entitled to give full probative value to the report and, based on other medical reports, found no significant change in health status. (E. 4.1) The appellant does not provide concrete indications against the reliability of the psychiatric sub-report; it is complete and coherent. The duration of the assessment alone is not decisive. (E. 4.2) The lower court based its assessment of a possible change in health status on the opinion of a qualified RAD psychiatrist. The file review was permissible, a personal examination was not necessary, and the evaluation of the medical reports is not arbitrary. (E. 4.3) The lower court did not violate federal law by denying the pension entitlement beyond 31 July 2024. Further investigations are not required; the complaint is unfounded. (E. 5) The court costs are to be imposed on the losing appellant. Free legal aid and representation are granted due to proven indigence and no lack of prospects.
Summary of the Ruling
The complaint was dismissed. Free legal aid and representation were granted; court costs were imposed on the appellant but provisionally charged to the Federal Supreme Court's fund.
7B_130/2026: Non-Admission of the Complaint Regarding the Termination of Criminal Investigations
Summary of the Facts
A.________ AG and B.________ filed criminal complaints against C.________ and D.________ for forgery, false accusation, obtaining a false certification, and attempted fraud related to two vehicles and their rental contracts. The public prosecutor discontinued the criminal investigations; the Thurgau Higher Court dismissed the complaints, insofar as it admitted them.
Full summary of the judgment can be found on the portal.
1C_547/2026: Non-Admission of the Complaint Regarding Measures under the Protection Against Violence Act
Summary of the Facts
The Zurich Cantonal Police expelled the appellant from his apartment based on the cantonal Protection Against Violence Act and ordered contact and access bans. The coercive measures court extended the protective measures until 29 October 2026; the administrative court dismissed the complaint, insofar as it admitted it. The appellant then appealed to the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
4A_286/2026: Non-Admission of the Complaint Regarding Immediate Termination and Remand Decision
Summary of the Facts
The employers terminated the employee without notice after several alleged incidents and a prior warning. The court of first instance considered the immediate termination justified and dismissed the corresponding compensation claims; the cantonal appellate court annulled part of the ruling and remanded the case for a new decision. The employers appealed to the Federal Supreme Court in civil matters.
Full summary of the judgment can be found on the portal.
7F_22/2026: Recusal Request Against the Presiding Federal Judge in a Revision Procedure
Summary of the Facts
Yves Donzallaz requested the recusal of Grégory Bovey in a revision procedure. He justified this with a letter from Bovey to the administrative commission about an encounter between the two federal judges and accused Bovey of lack of composure and calmness.
Full summary of the judgment can be found on the portal.
6B_981/2025: Compensation of the Official Defense Counsel in Appeal Proceedings
Summary of the Facts
The Aargau Higher Court convicted the defendant of various offenses and set compensation of CHF 6,700 for the previous official defense counsel for the appeal proceedings. The defense counsel challenged this amount and requested compensation of CHF 15,374.25 from the state treasury.
Full summary of the judgment can be found on the portal.
7F_76/2026: Non-Admission of the Complaint Regarding Revision Due to Incorrect Court Composition
Summary of the Facts
The applicant was convicted of gross violation of traffic rules by participating in an unauthorized race, other traffic offenses, and a drug law violation. The Federal Supreme Court dismissed his criminal appeal on 1 April 2026. After a public disclosure of a relationship between the federal judge involved in the earlier ruling and another federal judge, the applicant filed a revision request alleging violations of rules on court composition and recusal.
Full summary of the judgment can be found on the portal.
5A_988/2026: Non-Admission of the Complaint Regarding Extraordinary Contributions by a Spouse
Summary of the Facts
The appellant claimed a reasonable compensation from the respondent based on Art. 165 of the Swiss Civil Code and quantified his claim at CHF 573,000. After his request for free legal aid was rejected due to lack of prospects and the cost advance of CHF 9,130 was not paid despite an extension, the district court did not admit the claim. The cantonal appellate court dismissed the appeal. The appellant then appealed to the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
5A_808/2026: Travel Permission with the Child to Russia and Deletion of SIS and RIPOL Entries
Summary of the Facts
The divorced parents jointly exercised parental custody and cared for the child alternately. After the mother requested modification of the divorce judgment, especially lifting the ban on leaving Switzerland with the child, the cantonal appellate court lifted the travel ban, allowed travel including to Russia, and ordered deletion of SIS and RIPOL entries. The father appealed to the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
8C_616/2026: Non-Admission of the Complaint Regarding Disability Insurance Due to Late Submission
Summary of the Facts
The appellant filed a complaint against the judgment of the Lucerne Cantonal Court dated 9 July 2026, handed over on 6 August 2026. The complaint was posted on 21 September 2026, although the 30-day appeal deadline expired on 14 September 2026.
Full summary of the judgment can be found on the portal.
4A_411/2026: Non-Admission of the Complaint Regarding Cost Advance
Summary of the Facts
The appellants appealed a first-instance judgment and were ordered to pay a cost advance of CHF 36,000. After several deadlines and applications for free legal aid and restoration of the deadline, the cantonal authority again ordered payment of the cost advance and rejected the suspension of the payment deadline. The appellants then filed a civil complaint with the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
7G_2/2026: Correction of Party Compensation in Previous Judgment
Summary of the Facts
By judgment of 16 June 2026, the Federal Supreme Court partially upheld the complaint of A.________, insofar as it was admissible, and awarded his legal representative party compensation of CHF 1,500 charged to the Republic and canton of Geneva. The legal representative requested correction of item 3 of the ruling because the compensation should actually be charged to the canton of Vaud.
Full summary of the judgment can be found on the portal.
4A_524/2025: Immediate Termination Due to Suspicion of Theft
Summary of the Facts
The employer terminated the employee without notice on suspicion of having stolen 60 grams of gold shavings from a company cabinet. The basis was video footage and the assumption that only the employee had access to the cabinet concerned. The criminal authorities could not sufficiently substantiate the suspicion; the employee challenged the immediate termination and demanded salary, vacation compensation, compensation for unjustified immediate termination, and correction of the employment reference. The cantonal courts deemed the termination unjustified and ordered various payments and issuance of a corrected employment reference.
Full summary of the judgment can be found on the portal.
6B_479/2026: Police Identity Check and Negligent Illegal Entry
Summary of the Facts
The appellant was fined CHF 100 for negligent illegal entry under Art. 115 Para. 1 lit. a and Para. 3 AIG. The criminal prosecution was triggered by a police check during Operation TEMBO, during which he could not identify himself with his Senegalese passport. The cantonal appellate authority confirmed the conviction, after which he alleged arbitrary conduct and discriminatory or racist profiling before the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
7F_74/2026: Recusal Request Against the Section President in a Revision Procedure
Summary of the Facts
A.________ filed a revision request against judgment 7B_776/2026. In the proceedings, Federal Judge Yves Donzallaz was involved as a party. He requested the recusal of Section President Federal Judge Grégory Bovey, justifying this with Bovey’s reaction to a personal meeting and a letter to the administrative commission.
Full summary of the judgment can be found on the portal.
4A_438/2026: Complaint Against the Definitive Legal Opening
Summary of the Facts
The Civil Chamber of the Court of Justice of the canton of Geneva declared inadmissible the cantonal complaint of A.________ against the decision of the Tribunal de première instance. This court had granted definitive legal opening in a debt collection case in favor of the Caisse cantonale genevoise de compensation for CHF 32,754.65. A.________ appealed to the Federal Supreme Court and requested suspensive effect.
Full summary of the judgment can be found on the portal.
4A_410/2026: Withdrawal of the Complaint Regarding a Rental Contract
Summary of the Facts
On 7 August 2026, the appellant filed a civil complaint against the decision of the Geneva Court of Justice, Chamber of Leases and Rents, dated 11 June 2026 regarding a rental contract. By letter dated 25 September 2026, she withdrew her complaint.
Full summary of the judgment can be found on the portal.
7F_68/2026: Recusal Request Against the Section President in a Revision Procedure
Summary of the Facts
In the revision procedure regarding his criminal judgment, A.________ filed a recusal request against Federal Judge Grégory Bovey. The reasons were Bovey’s letters to the administrative commission about an encounter with Federal Judge Yves Donzallaz and the alleged lack of composure in handling the revision procedure.
Full summary of the judgment can be found on the portal.
8C_610/2026: Restoration of Deadline and Late Complaint in a Social Assistance Case
Summary of the Facts
The appellant challenged a decision of the municipality of Kilchberg regarding monthly support payments from 1 September 2025 before the District Council of Horgen. After filing a complaint alleging delay of justice at the Administrative Court of the canton of Zurich, he filed a public-law complaint against its partially upheld judgment and requested restoration of the missed appeal deadline.
Full summary of the judgment can be found on the portal.
7B_475/2024: Challenge to a Fully Annulled Discontinuation Order Regarding Theft
Summary of the Facts
B.________ and C.________, former employees of a restaurant, were suspected of various offenses. The public prosecutor discontinued the criminal proceedings for theft and threats. The cantonal complaint chamber fully annulled this discontinuation order. A.________ appealed to the Federal Supreme Court regarding thefts by retroactive cancellation of cash register receipts.
Full summary of the judgment can be found on the portal.
6B_710/2025: Sentencing and Partially Suspended Execution in Qualified Simple Bodily Harm and Coercion
Summary of the Facts
The appellant was convicted of qualified simple bodily harm, insult, and coercion against his wife. The cantonal appellate court acquitted him of embezzlement but otherwise confirmed the convictions and sentenced him to 15 months’ imprisonment with 9 months partially suspended. He essentially requested acquittal or, alternatively, a milder sentence and lifting of contact and area bans before the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
7B_397/2026: Recusal of an Extraordinary Court Clerk Due to Personal Bias
Summary of the Facts
The appellant repeatedly filed recusal motions against the Cantonal Court President II and other court officials in connection with criminal proceedings against him. The Higher Court dismissed his renewed recusal motion against the Cantonal Court President II. Before the Federal Supreme Court, he alleged that the extraordinary court clerk involved in the lower court decision was biased because he had accused him and his parents of a criminal act in a letter.
Full summary of the judgment can be found on the portal.
4A_400/2026: Non-Admission of the Complaint Regarding Payment Claim and Insufficient Grounds for Complaint
Summary of the Facts
After unsuccessful conciliation, the respondent filed a payment claim against the appellant before the Geneva court of first instance. The appellant requested, among other things, full biographies of several magistrates and lawyers and postponement of a hearing. The first-instance court declared the request inadmissible and proceeded with the hearing. The Geneva Civil Chamber declared the complaint inadmissible due to lack of proof of irreparable harm and did not admit further requests. The appellant then filed a civil complaint.
Full summary of the judgment can be found on the portal.
9C_448/2025: Tax Residence of Spouses in Switzerland
Summary of the Facts
The Swiss spouses living in Panama owned a villa in the canton of Vaud since 2003 and stayed repeatedly and partly for longer periods in Switzerland from 2020 and during the tax periods 2021 to 2023. The cantonal tax authority determined their tax residence from 1 January 2021 in the municipality; the cantonal court confirmed this, after which the spouses appealed to the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
6B_341/2025: Negligent Serious Bodily Injury and Reduction of Compensation Due to Contributory Fault
Summary of the Facts
A.________ moved a pallet with a crane truck at a construction site without constantly monitoring the load and its range of motion or being guided by a qualified person. C.________ was on other pallets in the immediate vicinity of the crane load and fell to the ground due to the crane movement, resulting in complete paraplegia. The cantonal lower court convicted A.________ and B.________ of negligent serious bodily injury and ordered them jointly and severally to pay CHF 160,000 in compensation.
Full summary of the judgment can be found on the portal.
9C_332/2025: Calculation of Disability Degree After Change of Table Wage Deduction
Summary of the Facts
The appellant received a half pension from the disability insurance, with the degree of disability set at 57 percent under the old law. After the table wage deduction was amended as of 1 January 2024, she claimed a higher pension, which the IV office Bern and the Bern Administrative Court rejected. Before the Federal Supreme Court, she argued that the comparative incomes must be recalculated based on updated statistical data.
Full summary of the judgment can be found on the portal.
7B_212/2025: Complaint Regarding Discontinuation Order Due to Fraud
Summary of the Facts
The appellant sold furniture and software for CHF 500,000 as part of the sale of his garage business. After the contract was rescinded civilly and he was obliged to repay, he filed criminal charges against two parties for fraud, procedural fraud, forgery, and false accusation. The public prosecutor discontinued the criminal proceedings; the cantonal appellate authority confirmed the discontinuation.
Full summary of the judgment can be found on the portal.
9C_671/2025: Entitlement to a Bridging Pension for Executive Personnel in the Main Construction Industry
Summary of the Facts
A.________ worked for many years in the main construction industry and applied to the FAR Foundation for an ordinary bridging pension from 1 October 2023. The foundation rejected the application; the Social Insurance Court of the canton of Zurich dismissed the lawsuit, after which A.________ appealed to the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
4A_466/2026: Non-Admission of the Complaint Regarding Definitive Legal Opening
Summary of the Facts
The Tribunal of the districts of Martigny and St-Maurice granted the State of Vaud definitive legal opening in a debt collection case for CHF 63,180. The cantonal appellate authority dismissed the complaint to the extent admissible. The appellant then appealed to the Federal Supreme Court and also requested free legal aid and appointment of an official legal representative.
Full summary of the judgment can be found on the portal.
5A_1001/2026: Non-Admission of the Complaint Regarding Representative Custodianship
Summary of the Facts
The KESB Winterthur-Andelfingen established a representative custodianship with income and asset management for the appellant. After the district council dismissed the complaint against this, the cantonal court did not admit the complaint due to late submission. The appellant then appealed to the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
4A_288/2026: Withdrawal of the Complaint in a Civil Mandate Dispute
Summary of the Facts
A.________ filed a civil complaint against a decision of the Civil Chamber of the Court of Justice of the canton of Geneva. After the respondent requested a security for her party compensation, A.________ withdrew the complaint.
Full summary of the judgment can be found on the portal.