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Concise summaries of Federal Supreme Court decisions with clear sources and context.

New Federal Court rulings from 28.10.2026

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 detailed summaries with facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts in each case. 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 legal fields.

2C_621/2026: Residence permit after divorce and expulsion

Summary of the facts

The Egyptian national A.________ obtained a residence permit due to his marriage to a Swiss citizen. After separation and divorce, the migration service refused to extend the permit and ordered expulsion. The Security Directorate and the Administrative Court of the Canton of Bern dismissed his appeals. A.________ brought a complaint in public-law matters, alternatively a subsidiary constitutional complaint, to the Federal Supreme Court.

Summary of the considerations

(Para. 1) The appellant describes his previous and current residence permits, the separation and divorce, the procedural history, and his requests. (Para. 2) A complaint in public-law matters in foreigner law is only admissible if a potential entitlement to a permit is presented in a reasonable manner. (Paras. 3.1–3.2) The previous permit has expired. Due to the marital union lasting less than three years, there is no entitlement under Art. 42 AIG nor under Art. 50 para. 1 lit. a AIG. (Para. 3.3) The claimed professional and social integration alone does not constitute a post-marital hardship case under Art. 50 para. 1 lit. b AIG; a seriously endangered reintegration in the country of origin is not sufficiently demonstrated. (Para. 3.4) No entitlement to a permit arises from the protection of private life under Art. 13 para. 1 BV and Art. 8 no. 1 ECHR, as there is no ten-year lawful residence; significant residence periods were procedurally conditioned or merely tolerated. (Para. 3.5) A particularly pronounced integration despite shorter residence duration is not sufficiently demonstrated in view of unemployment and convictions. (Paras. 3.6–3.7) No other entitlement to a permit is apparent. The complaint in public-law matters is inadmissible; violations of party rights within the meaning of the Star jurisprudence are not asserted, so the subsidiary constitutional complaint cannot be taken up either. (Paras. 4.1–4.2) Both remedies are not entered upon in simplified proceedings. Requests for suspensive effect and precautionary measures as well as for legal aid become moot; court costs are not imposed and party compensation is not awarded.

Summary of the dispositive

The complaint is not entered upon. No court costs are imposed; no party compensation is owed.


8C_300/2026: Suspension of unemployment benefits for repeated non-participation in a temporary employment program

Summary of the facts

A.________ applied for unemployment benefits and was assigned to two programs for temporary employment (PET). As he did not contact either of the two PETs, the Service public de l'emploi issued two suspension orders of 21 and 31 days, respectively. The cantonal court confirmed the first suspension but reduced the second to 21 days. The Service public de l'emploi filed a complaint against this.

Summary of the considerations

(Para.1) The complaint in public-law matters is admissible. (Para.2) The dispute concerns exclusively the duration of the second suspension. The Federal Supreme Court reviews the allegations and generally relies on the factual findings of the lower court. (Para.3) According to Art. 30 para. 1 lit. d AVIG, the insured person’s claim to unemployment benefits is suspended if instructions are not followed, especially non-participation in a labor market measure. The duration depends on the severity of the fault; in case of repeated suspensions, it must be extended accordingly under Art. 45 para. 5 AVIV. (Para.4.1) The lower court basically confirmed both suspensions and considered the first duration of 21 days appropriate. It also reduced the second suspension to 21 days because both orders were issued simultaneously and no order had yet been issued for the first violation before the second violation. (Para.4.2) The appellant argued that the second non-compliance represents a repetition and justifies an extension to 31 days. (Para.4.3.1) Jurisprudence allows several suspensions for multiple consecutive violations. Art. 45 para. 5 AVIV also applies when multiple retroactive sanctions are imposed simultaneously without the insured person previously having the opportunity to change their behavior. (Para.4.3.2) The complaint is well-founded. The lower court violated the statutory regulation on repetition by reducing the second suspension. The duration of 31 days is at the lower end of the range for serious fault and is unobjectionable. (Para.5) The complaint is upheld and the lower court decision is amended so that both objection decisions are confirmed. The court costs are borne by the losing insured person; no party compensation is granted to the appellant.

Summary of the dispositive

The complaint was upheld and the lower court decision reformed. Both objection decisions were confirmed and court costs of 500 francs were imposed on the losing insured person.


2C_270/2026: Deletion from the residents’ register and administrative fine for failure to deregister on time

Summary of the facts

The appellant was registered in the city of V.________ and rented an apartment there. After the termination of the lease and the police eviction, the residents’ services repeatedly requested him to deregister or provide a new residential address. They retroactively deleted him from the residents’ register and imposed an administrative fine for failure to deregister on time. The Department of Justice and Security and the Cantonal Court of Lucerne dismissed his appeals as far as they took them up.

Summary of the considerations

(Para.1) The complaint in public-law matters is in principle admissible against the final judgment of the upper cantonal court; the appellant is entitled to act. The declaratory request is not entered upon for lack of an independent legitimate interest, whereas the complaint is otherwise entered upon. (Para.2) The Federal Supreme Court reviews alleged violations of law according to legal reasoning requirements and generally bases its judgment on the facts found by the lower court. (Para.3) The dispute concerns exclusively the deletion from the residents’ register and the administrative fine. The legality of the police eviction of the apartment is outside the dispute. (Para.4) The rejection of evidence motions did not violate the right to be heard as they related to the non-disputed eviction and could be assessed as legally irrelevant in anticipatory evidentiary evaluation. (Para.5) Regarding the recusal of Cantonal Judge C.________, res judicata applies; no grounds for recusal arise from the lack of incidental review of the eviction or from the rejection of evidence motions. (Para.6) The complaint of arbitrariness concerning the omitted incidental review of the eviction does not meet the qualified reasoning requirements. (Para.7) The complaint is unfounded and dismissed as far as it is entered upon. Legal aid is refused due to lack of prospects; court costs are imposed on the appellant.

Summary of the dispositive

The complaint was dismissed insofar as it was entered upon. Legal aid was refused and court costs of CHF 1,000 were imposed on the appellant.


2C_140/2026: Procedural defects in the professional examination for driving instructor

Summary of the facts

A.________ took the second of three attempts at the professional examination for driving instructor with a federal diploma and received a negative exam result. His complaints to the SBFI and the Federal Administrative Court were unsuccessful; before the Federal Supreme Court, he alleged exclusively procedural defects and requested annulment of the lower court judgment and remand.


5A_866/2026: Non-entry on the complaint concerning opening of bankruptcy

Summary of the facts

The District Court of Zurich opened bankruptcy proceedings over the appellant at the request of the respondent. The Zurich Cantonal Court dismissed the complaint filed against this. In the Federal Supreme Court proceedings, the appellant did not pay the imposed advance on costs even within the grace period.


9D_14/2026: Non-entry on the complaint concerning subsequent waiver of court costs

Summary of the facts

A.________ is supported by a municipality within the framework of asylum care. After court costs of CHF 820 were imposed on him in an administrative court proceeding, he subsequently requested waiver, alternatively deferral or installment payment. The Administrative Court dismissed the request for waiver; A.________ filed a subsidiary constitutional complaint and additionally requested suspensive effect and legal aid.


7F_52/2026: Revision of a judgment concerning a recusal request against a public prosecutor

Summary of the facts

By judgment of 4 June 2026, the II. Criminal Law Chamber of the Federal Supreme Court dismissed the applicant’s complaint against the dismissal of his recusal request against a public prosecutor, insofar as it was entered upon. The applicant requested revision of this judgment on 6 August 2026 and applied for legal aid.


2C_963/2022: Access to medical records and release of the family doctor from professional secrecy

Summary of the facts

After the suicide of her husband, the appellant requested access to his family doctor’s and clinical medical records. The cantonal department partially released the family doctor from professional secrecy but refused access regarding liability and criminal law questions; the Administrative Court dismissed the complaint against this as far as it was entered upon.


5A_445/2026: Advance payment of court costs in appeal proceedings after divorce

Summary of the facts

The Cantonal Court of Zug dissolved the marriage of the parties and settled the ancillary consequences of divorce. In the appeal proceedings, the appellant requested an advance payment of court costs of initially CHF 34,000, alternatively legal aid. The High Court rejected both requests and obliged him to pay an advance payment. The appellant appealed against the rejection of the advance payment to the Federal Supreme Court.


4A_261/2026: Judicial convening of a general meeting to reconstitute the board of directors

Summary of the facts

Three shareholders of the appellant requested judicial measures to remedy an organizational defect, in particular the convening of a general meeting with the dismissal of the previous and the election of a new board of directors. The district court obliged the appellant to convene and hold the general meeting and ordered replacement in case of default. The High Court confirmed this decision.


5A_835/2026: Non-entry on the complaint concerning opening of bankruptcy

Summary of the facts

The Regional Court Bern-Mittelland opened bankruptcy proceedings over the appellant at the request of the respondent. The Bern Cantonal Court dismissed the complaint filed against this and reopened the bankruptcy. The appellant filed a complaint to the Federal Supreme Court but did not pay the advance on costs set despite a grace period.


1E_1/2024: Approval requirement of cantonal provisions on waste disposal and their financing

Summary of the facts

The canton of Geneva enacted a cantonal waste law, the provisions of which required approval by the Confederation. The Federal Council did not approve certain provisions, in particular the extension of the obligation to deliver to a waste incineration plant as well as regulations on the financing of disposal. The canton challenged the approval decision before the Federal Supreme Court as a lawsuit.


5F_64/2026: Non-entry on the complaint concerning revision of a Federal Supreme Court judgment on legal aid and cost allocation

Summary of the facts

The applicant filed a request for revision against the Federal Supreme Court judgment 5A_371/2026. He particularly criticized the dismissal of his requests for legal aid and the imposition of court costs without substantiating a concrete reason for revision; with a further submission, he requested a re-examination of his financial need.


9C_493/2025: Refund of a double transferred vested benefits payment

Summary of the facts

The appellant was occupationally insured with the respondent. After his exit, the respondent mistakenly transferred benefits of about CHF 75,000 twice to a vested benefits foundation. After the appellant settled the vested benefits account, the respondent demanded the return of the double transferred amount and initiated debt collection. The Administrative Court of the Canton of Schwyz obliged the appellant to refund. He filed a complaint against this.


7B_1336/2025: Status as private plaintiff in possible triangular fraud and embezzlement

Summary of the facts

A.________ SA had its organs make payments totaling CHF 79,739.43 for the establishment and expenses of the company E.________. After reporting B.________ for fraud and embezzlement, the public prosecutor’s office and subsequently the cantonal appeals chamber refused A.________ SA the status of private plaintiff, against which it filed a complaint with the Federal Supreme Court.


2C_450/2026: Restoration of the complaint deadline due to health impediment concerning training allowance

Summary of the facts

The cantonal authority refused the appellant a training allowance for the training year 2025–2026. After missing the 30-day complaint deadline, she requested restoration of the deadline due to anxiety and depressive disorders and filed a complaint at the same time. The cantonal authority did not enter upon the complaint; the Cantonal Court dismissed the appeal against this as far as it was entered upon.


4A_330/2026: Non-entry on the complaint concerning suspension of an employment law procedure

Summary of the facts

An employment law procedure concerning, among other things, abusive dismissal, expense claims, and claims for salary, bonus, and vacation is pending before the Employment Court of Zurich between the employer and employee. In parallel, the employer filed a criminal complaint against the employee regarding the claimed expenses and requested suspension of the employment law procedure until the criminal proceedings are final. The Employment Court rejected the suspension request; the High Court dismissed the complaint against this as far as it was entered upon. The employer then filed a civil law complaint with the Federal Supreme Court.


5A_1025/2026: Non-entry on the complaint concerning extension of care placement

Summary of the facts

The appellant has been in care placement in a clinic since 19 December 2025. The Child and Adult Protection Authority (KESB) extended the care placement, whereupon the High Court of the Canton of Graubünden dismissed the complaint and did not enter upon a recusal request. The appellant filed a complaint against this decision with the Federal Supreme Court.


5A_1021/2026: Non-entry on the complaint concerning consent to vaccination of a child

Summary of the facts

The married parents of a common daughter disagreed about carrying out the recommended vaccinations according to the Swiss vaccination plan of the BAG. The Regional Court granted the respondent consent to the vaccination; the High Court dismissed the appeal and the request for legal aid. The appellant filed a civil law complaint against this.


1C_428/2026: Measures under the Violence Protection Act

Summary of the facts

The Zurich City Police temporarily expelled the appellant from the jointly inhabited apartment based on the cantonal Violence Protection Act and ordered contact and access bans. The coercive measures court extended the protective measures until 27 September 2026; the Administrative Court dismissed the complaint against this. Before the Federal Supreme Court, the appellant requested annulment of the lower court judgment or reduction of the protective measures and legal aid.


5A_567/2026: Consolidation of proceedings concerning the convening of an owners’ meeting of condominium owners

Summary of the facts

Three condominium owners filed petitions with the district court for convening a meeting of the condominium owners of the PPE E.________ and requested consolidation of the proceedings. The substitute judge consolidated the proceedings and last extended A.________’s deadline for comment. The Cantonal Court did not enter upon his complaint due to lack of demonstration of an irreparable disadvantage. A.________ then filed a civil law complaint with the Federal Supreme Court.


9D_16/2026: Non-entry on the complaint concerning tax waiver and final assessments

Summary of the facts

The taxpayer was fully liable to tax and self-employed in the municipality of U.________ for the 2022 tax period. After the direct federal tax as well as cantonal and municipal tax assessments became final by discretion, she requested a tax waiver; the requests were rejected. The Administrative Court dismissed her complaint and referred the matter regarding possible payment reliefs back to the municipality of residence. The taxpayer filed an appeal called a “recourse” with the Federal Supreme Court against this decision.


2C_399/2026: Residence permit and late payment of advance on costs

Summary of the facts

The cantonal office dismissed the application for a residence permit and ordered expulsion. The appeal filed against this was declared inadmissible due to late payment of the advance on costs; the cantonal appeals instance confirmed this decision. The affected person filed a complaint in public-law matters and a subsidiary constitutional complaint with the Federal Supreme Court.


2D_20/2026: Non-entry on the complaint concerning renewal of residence permit and criminal expulsion order

Summary of the facts

The appellant requested renewal of his residence permit after a short departure and relied on a deterioration of his health condition. The Cantonal Court did not enter upon his request, which it understood as a revision request or a request for reconsideration of the criminal expulsion. He filed a complaint and additionally requested urgent suspension of the execution of his expulsion.


7B_778/2025: Covid-19 loans: Fraud and forgery of documents by false statements about payroll sums and turnover

Summary of the facts

A.________ was convicted of multiple frauds and multiple forgeries of documents related to Covid-19 loans. As a partner and managing director of two companies, he submitted incorrect net payroll sums and turnover figures in loan applications and filed a criminal complaint against this.


5A_911/2026: Restoration of appeal deadline after late submission

Summary of the facts

The Tribunal de première instance of the Canton of Geneva dismissed a request for super-provisional and precautionary measures. The appeal filed by A.A.________ against this was declared inadmissible due to lateness, whereupon she filed a civil law complaint with the Federal Supreme Court requesting restoration of the deadline and waiver of court costs.


5F_65/2026: Non-entry on the complaint concerning revision of a Federal Supreme Court judgment on legal aid and cost allocation

Summary of the facts

The applicant filed a request for revision against the Federal Supreme Court judgment 5A_372/2026. He claimed that his financial situation did not allow payment of court costs and again requested legal aid. Previously, his complaints against cantonal decisions regarding legal aid, court cost advances, and advance payment of court costs had been dismissed.


1C_760/2025: Removal order for beehives and dismantling of landscaping elements

Summary of the facts

The appellants are owners of a parcel situated outside the building zone with beehives built in 1973 and various landscaping elements. In the context of subsequent building applications, the cantonal authorities ordered a removal order and a land register entry for the beehives, while they did not approve several landscaping elements and ordered their dismantling or greening. The Administrative Court dismissed both complaints.


2C_529/2026: Timeliness of a postal complaint against a disciplinary fine

Summary of the facts

The Commission for Disciplinary Supervision of Lawyers of the Canton of Ticino imposed a fine of 1,000 francs on the appellant for violation of the prohibition of conflicts of interest. The cantonal administrative court declared the complaint inadmissible due to lateness, since the faxed submission did not bear the original signature and the postal dispatch was only made the following day according to the postmark. The appellant filed a complaint against this with the Federal Supreme Court.


5A_555/2026: Withdrawal of the complaint concerning foundation supervision

Summary of the facts

A.________ founded the B.________ foundation, which was subject to federal supervision. He filed a complaint with the Swiss Foundation Supervisory Authority against the foundation, new members of the board, and the director and subsequently challenged the supervisory authority’s decision at the Federal Administrative Court. The Federal Administrative Court declared his complaint inadmissible. A.________ filed a civil law complaint against this decision with the Federal Supreme Court but withdrew it during the proceedings.


5A_658/2026: Recusal of a court clerk after dismissal of a divorce procedure

Summary of the facts

A divorce procedure was pending between the appellant and her deceased husband. After the husband’s death, the district court dismissed the procedure. The appellant requested the reasoning for the dismissal and filed recusal motions against the president and the court clerk. The district court did not enter upon the recusal motions; the Cantonal Court dismissed the complaint against this. Before the Federal Supreme Court, the appellant requested in particular the recusal of the court clerk.


7B_1104/2026: Non-entry on the complaint concerning biometric data collection

Summary of the facts

The public prosecutor’s office of the Canton of Graubünden conducted a criminal investigation against the appellant for property damage and ordered his biometric data collection and the taking of a buccal mucosa swab. After the order for the buccal mucosa swab was lifted, the High Court dismissed the complaint against the biometric data collection. The appellant filed a complaint against this with the Federal Supreme Court.


2C_962/2022: Further release from medical professional secrecy after the death of a patient

Summary of the facts

After the suicide of her husband, the appellant requested the treating clinic to access his medical records. The cantonal department partially released the chief physician from medical professional secrecy and allowed information and file access regarding the cause of death but refused this for liability and further social insurance law questions. The Administrative Court dismissed the complaint, whereupon the appellant filed a complaint with the Federal Supreme Court.


1C_717/2025: Timeliness of the complaint against a building modification permit

Summary of the facts

The owners of a plot submitted a building application for the renovation and extension of a single-family house. After a later building modification permit, a neighboring co-owner filed an administrative court complaint, whereupon the Cantonal Court did not enter upon it due to late submission. The appellant argued before the Federal Supreme Court that he only became aware of the building modification permit later.


2C_588/2026: Non-entry on the complaint concerning international administrative assistance in tax matters

Summary of the facts

The Italian tax authority requested administrative assistance from the Swiss Federal Tax Administration concerning B.________ for the tax periods 2020 to 2023. The request related to banking relationships at a Swiss bank connected to B.________ and attributable to A.________ SA. The Swiss Federal Tax Administration granted the assistance and transmitted, among other things, account documents as well as identity documents of four authorized signatories and proxies. The Federal Administrative Court dismissed the complaint against this as far as it was entered upon and specified the use of the information. A.________ SA filed a complaint in public-law matters with the Federal Supreme Court against this.


2C_210/2026: Procedural residence for the purpose of marriage despite deception about identity

Summary of the facts

B.________, a Turkish national, fraudulently obtained a residence permit under a false identity, was criminally convicted, and received an entry ban. After applying for a short-term residence permit for the purpose of marriage with the Swiss citizen A.________, the cantonal authorities refused procedural residence rights. The Administrative Court of the Canton of Thurgau dismissed the complaint against this.


5A_441/2026: New request for legal aid after prior dismissal

Summary of the facts

The Cantonal Court of Zug dissolved the marriage of the parties and settled the ancillary consequences of divorce. After the High Court of the Canton of Zug dismissed a first request of the appellant for legal aid, he filed a new request and additionally requested an advance payment of court costs. The High Court rejected both requests and ordered him to pay an advance on costs. The appellant appealed against this to the Federal Supreme Court.


9C_645/2026: Complaint against the tax assessment and the cantonal non-entry decision

Summary of the facts

The cantonal tax administration partially upheld the objection of the spouses and determined the taxable income and taxable assets for the 2022 tax period. The Cantonal Court declared the complaint against this partially or entirely inadmissible due to lack of legal protection interest. The spouses requested the Federal Supreme Court to annul this decision and to refer the case back for substantive assessment.


1C_147/2026: Information on the processing of personal data in the Quattro P information system

Summary of the facts

The appellant requested information on the processing of his personal data by the Federal Intelligence Service. The FIS informed him that his name was included in the Quattro P information system and five documents concerning him were stored but postponed further information about the processing purpose due to overriding public secrecy interests. The Federal Administrative Court dismissed the complaint, whereupon the appellant filed a complaint with the Federal Supreme Court.


1C_385/2026: Non-entry on the complaint concerning the municipal election and validation of the second round

Summary of the facts

On 13 April 2025, the second round of the election to the municipal council of Vernier took place. Stéphane Valente contested the validation of the election, particularly criticizing the late delivery of election materials, lack of traceability of ballots, alleged financing of the campaign with public funds, and media reports. After a remand by the Federal Supreme Court on formal grounds, the Geneva Cour de justice dismissed the complaint again.


5A_663/2026: Recusal request after dismissal of a divorce procedure

Summary of the facts

A divorce procedure was pending between the appellant and her deceased husband. After his death, the president of the district court dismissed the procedure. The appellant requested the reasoning for the dismissal and filed recusal motions against the president and the court clerk. The district court did not enter upon this; the Cantonal Court dismissed the complaint against this.


New Federal Court rulings from 28.10.2026 | Lexplorer