The Federal Supreme Court: When and How to Appeal

Types of Appeal

Civil (art. 72 et seq. FSCA): minimum dispute value CHF 30,000 (CHF 15,000 for tenancy/employment). No minimum for questions of legal principle (art. 74 para. 2 let. a FSCA). Criminal (art. 78 et seq. FSCA): no dispute value requirement. Public law (art. 82 et seq. FSCA): against cantonal last-instance and FAC decisions. Exceptions at art. 83 FSCA. Subsidiary constitutional appeal (art. 113 et seq. FSCA): when no ordinary appeal is available; limited to constitutional rights violations.

Admissibility

Exhaustion of lower remedies (art. 75 FSCA). 30-day deadline (art. 100 para. 1 FSCA). Court holidays suspend the deadline (art. 46 FSCA): Easter, summer (15 July-15 August), year-end (18 December-2 January). Standing: participation in prior proceedings and legitimate interest (art. 76 FSCA).

Grounds

Violation of federal law including constitutional rights and international law (art. 95 FSCA). The FSC generally does not re-examine facts: bound by lower court's findings unless manifestly incorrect (art. 105 para. 2 FSCA). Enhanced motivation requirement for constitutional grievances (art. 106 para. 2 FSCA).

Suspensive Effect (art. 103 FSCA)

No automatic suspensive effect. May be requested if there is a risk of irreparable harm.

Costs

Judicial fees: typically CHF 2,000-10,000 based on dispute value. Party costs allocated to the losing party.