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 dispositive parts. For the further judgments, you will find a summary of the facts. The complete summaries of all judgments are available in the Lexplorer portal. There you can configure your newsletter and receive the latest judgments individually tailored to your areas of law.
1C_747/2025: Correction of the Date of Birth in SYMIC and Free Legal Aid
Summary of the Facts
The Afghan appellant applied for asylum in Switzerland and stated that he was a minor. After an age assessment, the State Secretariat for Migration changed his date of birth in SYMIC to January 1, 2007, and rejected the request to record the personal data he had provided. The Federal Administrative Court denied the partial free legal aid for the appeal against the data change and demanded an advance on costs. The appellant filed an appeal to the Federal Supreme Court against this.
Summary of the Considerations
(E.1) The appeal in public law matters is admissible against the interim order of the Federal Administrative Court insofar as free legal aid and the advance on costs are concerned. The statutory form and deadline requirements are met. (E.2) The practice developed for unaccompanied minor asylum seekers, according to which advances on costs are to be waived for reasons of access to justice, is not transferable to proceedings concerning the correction of the date of birth in SYMIC. This procedure does not involve comparable risks to physical and mental integrity, human dignity, or life. The Federal Administrative Court did not violate Art. 63 para. 4 VwVG and Art. 29a BV. (E.3) Free legal aid requires that the procedure is not hopeless. For the correction of personal data, the applicant must prove the accuracy of the requested change according to the criterion of the preponderance of probability. The age assessment, the submitted documents, and the statements of the appellant did not make the requested date of birth more probable than the January 1, 2007, recorded in SYMIC. The Federal Administrative Court was entitled to assess the prospects of success as low after a summary examination. (E.4) The appeal is dismissed. The request for return to Switzerland is outside the subject matter of the dispute, as the transfer was carried out on the basis of a final asylum decision. Due to the personal situation of the appellant, no court costs are charged; the request for free legal aid is therefore moot.
Summary of the Dispositive Part
The appeal is dismissed. No court costs are charged; the request for free legal aid is therefore moot.
7B_890/2026: Recusal of the Prosecutor in Charge Due to the Objective Appearance of Bias
Summary of the Facts
The public prosecutor's office of the canton of St. Gallen has been conducting a criminal investigation against two accused persons since 2021 for various property and related offenses. After several identified violations of the acceleration requirement and participation rights, a private plaintiff requested the recusal of the prosecutor in charge. The indictment chamber recused the prosecutor for the entire criminal proceeding. The public prosecutor's office and the two accused persons filed criminal appeals against this.
Summary of the Considerations
(E.1) The three appeals are closely related and are joined. (E.2) The contested decision is an independently initiated interim decision on a recusal request; the appeals are in principle admissible and the other requirements for a substantive ruling are met. (E.3) The Federal Supreme Court explains the requirements for justification, the qualified obligation to raise objections, and the limits of factual examination. (E.4.1) Grounds for recusal must be asserted and credibly demonstrated without delay. In the case of a cumulation of several incidents, recusal can be requested as soon as the last incident is the straw that breaks the camel’s back. The affected person must be given the opportunity to respond. Bias of the public prosecutor's office requires particularly serious or unusually frequent errors which, when considered as a whole, constitute a serious breach of official duties. (E.4.2) The lower court was entitled to affirm an objective appearance of bias due to the repeated delays in proceedings, superficial investigation, and violation of participation rights. (E.4.3.1) The recusal request was timely as it was based on a cumulation of several incidents and in particular the most recent decision on the violation of participation rights could be taken into account. (E.4.3.2) The prosecutor's statement met the requirements of Art. 58 para. 2 CPC; there was no violation of the right to be heard. (E.4.3.3) The granting of the recusal request withstands the Federal Supreme Court’s review. The missing in-depth investigations, superficial questioning, repeated delays in proceedings, and violation of participation rights together reached the qualified threshold for a ground of recusal. (E.5) The appeals are dismissed insofar as they are admissible. Appellants 2 and 3 bear court costs; appellant 1 is not charged procedural costs.
Summary of the Dispositive Part
The proceedings were joined and the appeals dismissed insofar as they were admissible. Two appellants were each ordered to pay court costs of CHF 2,000.--.
9C_518/2025: Reapplication for a Disability Pension and Assessment of Psychiatric Expert Reports
Summary of the Facts
The insured person submitted a new application for disability insurance benefits due to psychological complaints after an earlier application had been rejected. The cantonal court overturned the rejection decision of the IV office, assumed a 50% work capacity, and referred the matter back for further investigation. The IV office requested the Federal Supreme Court to overturn this decision and confirm its own decision.
Summary of the Considerations
(E.1) The medical report submitted after the cantonal decision constitutes an inadmissible new piece of evidence and is not considered. (E.2) The cantonal referral decision is an appealable interim decision because the IV office faces an irremediable disadvantage; the appeal is admissible. (E.3) The Federal Supreme Court sets out the principles of its legal and factual review. (E.4) The subject matter of the proceedings is the pension entitlement within the framework of a reapplication and in particular the non-arbitrary assessment of medical reports. (E.5) The relevant legal and case-law principles for assessing mental disorders, the role of physicians, and evaluation of evidence are explained. (E.6) The cantonal court regarded the judicial expert report as fully probative in principle but deviated from it regarding work capacity without sufficient medical justification. (E.7.1) The IV office criticizes the assessment of the SMR report and the judicial expert report as well as the omission to review a material change of circumstances. (E.7.2.1) In a reapplication, the cantonal court should have compared the circumstances between the last substantive pension review and the new decision. (E.7.2.2) The judicial expert report does not allow a reliable determination of health development in the present assessment; moreover, the court should have examined the relevant indicators in case of deviation from medical assessments. (E.7.2.3) The reasons for excluding the SMR report were inadequately explained; a mere medical difference of opinion generally does not justify an additional expert opinion. (E.8) The contested decision is overturned and the matter is referred back to the cantonal court for a new decision, possibly after supplementary or new expert opinions. (E.9) The losing insured person bears the court costs; free legal aid is granted due to indigence.
Summary of the Dispositive Part
The appeal was partially upheld and the cantonal decision overturned. The matter was referred back for a new decision; the insured person was granted free legal aid.
1C_181/2026: Replacement New Construction of a Multi-Family House and Groundwater Heat Pump
Summary of the Facts
The municipal council granted the respondent a building permit with conditions for the replacement new construction of a multi-family house and a groundwater heat pump. After the plans to be submitted were approved and the water use concession was granted, the owner of a neighboring parcel challenged the administrative court judgment as well as the subsequent permit decisions before the Federal Supreme Court. She particularly alleged arbitrary application of cantonal regulations on access, traffic safety, parking spaces, and boundary distances.
You can find the full summary of the judgment in the portal.
8C_109/2026: Suspensions of Eligibility Due to Insufficient Job Search Efforts
Summary of the Facts
The insured person was dismissed and registered for unemployment insurance. The cantonal employment office imposed a suspension of eight days due to insufficient personal job search efforts before unemployment and a suspension of six days in April 2025 due to insufficient job search efforts. The cantonal lower court lifted the first suspension and reduced the second to three days. The cantonal employment office filed an appeal with the Federal Supreme Court.
You can find the full summary of the judgment in the portal.
1C_396/2026: Access to Files in Proceedings on the Right to Appeal Against Temporary Gastronomic Interim Uses
Summary of the Facts
The Department of the Interior and Economy granted the political municipality of Arbon exceptional permits for two temporary gastronomic interim uses and did not consider the objections of A.________ AG. The Administrative Court of the canton of Thurgau dismissed the appeals against this, whereupon A.________ AG applied to the Federal Supreme Court for annulment of the decisions and referral for re-assessment.
You can find the full summary of the judgment in the portal.
1C_530/2026: Surrender of Seized Cultural Property in International Legal Assistance Proceedings
Summary of the Facts
The Ministère public central of the canton of Vaud acted on an Italian legal assistance request concerning the seizure and surrender of a fresco fragment originating from illegal archaeological excavations and ordered its seizure. After the Italian authorities discontinued the proceedings for theft, handling stolen goods, and illegal export, ordered the confiscation of the fragment, and returned it to the Italian Republic, the Ministère public lifted the seizure and ordered the surrender. The Cour des plaintes of the Federal Criminal Court dismissed the appeal of A.________ SA, which then appealed to the Federal Supreme Court.
You can find the full summary of the judgment in the portal.
4A_387/2026: Non-Admissibility of the Appeal Regarding Failure to Pay the Advance on Costs in Tenancy Proceedings
Summary of the Facts
The appellant filed an appeal against a judgment of the Lucerne Cantonal Court concerning a tenancy agreement. After she failed to pay the advance on costs set by the Federal Supreme Court neither within the deadline nor within the granted extension, the appeal was not admitted.
You can find the full summary of the judgment in the portal.
1C_230/2026: Non-Admissibility of the Appeal Regarding Legal Standing in Proceedings Concerning the Development Plan
Summary of the Facts
A.________ AG and B.________ AG participated in the appeal proceedings concerning the Riva development plan and disputed the legal standing of the Thurgau Heritage Protection. The Department of the Interior and Economy affirmed its standing; the Administrative Court did not admit the appeal of A.________ AG and dismissed that of B.________ AG insofar as it was admissible. Both companies then filed public law appeals to the Federal Supreme Court.
You can find the full summary of the judgment in the portal.
5A_993/2026: Non-Admissibility of the Appeal Regarding the Attachment Notice
Summary of the Facts
In proceedings for outstanding compulsory health insurance premiums, the health insurance company removed the legal objection. The debt enforcement office announced the attachment. The cantonal supervisory authorities initially dismissed the appeal or did not admit it due to insufficient and fact-based reasoning. The appellant appealed against the non-admissibility decision to the Federal Supreme Court and additionally requested interim measures.
You can find the full summary of the judgment in the portal.
6B_88/2026: Deportation Due to Commercial Fraud Against Unemployment Insurance
Summary of the Facts
A.________ was sentenced to a conditional prison term of 9.5 months for commercial fraud to the detriment of unemployment insurance. The cantonal lower court additionally ordered his deportation from Switzerland for five years. He challenged this deportation, citing in particular a personal hardship situation, overriding private interests, a violation of Art. 8 ECHR as well as the Free Movement Agreement (FZA).
You can find the full summary of the judgment in the portal.
1C_131/2026: Authorization to Prosecute Due to Treatment of Penal Orders as Final
Summary of the Facts
A.________ filed a criminal complaint against employees of the cantonal police, the public prosecutor’s office, and the office for the enforcement of sentences for abuse of office, coercion, extortion, robbery, and forgery of documents. The occasion was two penal orders for speeding violations against which he filed objections but which the authorities apparently treated as final and subsequently ordered enforcement measures. The indictment chamber refused authorization to prosecute; A.________ appealed against this.
You can find the full summary of the judgment in the portal.
1C_551/2026: Non-Admissibility of the Appeal Regarding International Legal Assistance in Criminal Matters and Transmission of Evidence
Summary of the Facts
The public prosecutor's office of the canton of Geneva ordered the transmission of bank documents to the Romanian public prosecutor’s office. The affected companies feared that the documents could be used in parallel arbitration proceedings before the International Centre for Settlement of Investment Disputes or in proceedings before the European Court of Human Rights; the complaint chamber of the Federal Criminal Court dismissed their appeals.
You can find the full summary of the judgment in the portal.
8C_313/2026: Formal Requirements for an Objection in Accident Insurance Proceedings
Summary of the Facts
The insured person reported a relapse and worsening of his health condition after an accident and applied for accident insurance benefits. CNA declared his objection against the benefit-rejecting decision inadmissible due to lack of reasoning and motions. The cantonal instance upheld the appeal and referred the matter back to CNA for substantive treatment of the objection. CNA filed a public law appeal.
You can find the full summary of the judgment in the portal.
1C_639/2025: Free Legal Aid in Appeal Against Change of Date of Birth in SYMIC
Summary of the Facts
The Afghan appellant applied for asylum in Switzerland and stated that he was a minor. After a medical age assessment, the State Secretariat for Migration changed his date of birth in SYMIC to January 1, 2006, and rejected the application for recording the personal data. The Federal Administrative Court denied the partial free legal aid and demanded an advance on costs.
You can find the full summary of the judgment in the portal.
1C_764/2025: Correction of the Date of Birth in SYMIC and Free Legal Aid
Summary of the Facts
The Afghan appellant filed asylum applications in Bulgaria, Austria, and Switzerland, stating different dates of birth. The State Secretariat for Migration changed his date of birth in SYMIC to January 1, 2006. The Federal Administrative Court denied the partial free legal aid and demanded an advance on costs.
You can find the full summary of the judgment in the portal.