Art. 49 Bundesverfassung der Schweizerischen Eidgenossenschaft (BV) - Vorrang und Einhaltung des Bundesrechts

BGE 152 I 200 (Art. 49 Abs. 1 BV)

Direct federal appeal against cantonal court procurement decisions invalid under Art. 86 BGG; intercantonal jurisdiction rule (Art. 52 IVöB) preempted, case reassigned to cantonal Justizgericht.

Precedence of federal law, leading to non-application of the conflicting intercantonal rule.

BGE 150 I 213 (Art. 49 al. 1 Cst.)

Free Access to Forests vs. Cantonal Prior Authorization for Lasergame Events as Combat Games

Main ground: the court reviewed and rejected the claim of violation of the primacy of federal law, upholding the cantonal authorization requirement.

61/2001/1 · sh (Art. 49 Abs. 1 BV)

Grape Harvest Yield Regulation Review

The court used this article to determine that the cantonal regulation did not conflict with federal law (derogatory principle) because the federal law explicitly permitted cantons to set lower yield limits.

KES 2015 560 · be (Art. 49 al. 1 Cst.)

Child Protection Authority Cost Imposition Overturned Due to Improper Procedure

Cited as the basis for the primacy of federal law (Art. 289 CC) over the conflicting cantonal law (Art. 41 para. 4 LPEA).

AGVE.2010.42 · ag (Art. 49 Abs. 1 BV)

Exclusion of appeals against examination results violates right to legal recourse.

The supremacy of federal law means that the cantonal provision excluding appeals against FHNW examination results can no longer be applied.

A 04 216 · lu (Art. 49 Abs. 1 BV)

Municipality of Stay vs. Cantonal Law on Social Assistance Entitlement

Cited as the constitutional basis for the overriding effect of federal law, leading to the non-application of the conflicting cantonal law.

A/925/2025 · ge (art. 49 Cst.)

Candidate Refused Bar Training Admission Over Specific Degree Requirement

Cited in the reasoning regarding the court's competence to review the constitutionality of cantonal law (primacy of federal law).

ARMC.2025.43 · ne (art. 49 al. 1 Cst. féd.)

Landlord-Tenant Dispute: Cost Allocation in Judicial Assistance Case

Cited in the reasoning to support the interpretation of the priority of reimbursement to the State over compensation.

VB.2024.00730 · zh (Art. 49 Abs. 1 BV)

Swiss Citizenship Claim Based on Medieval Nobility Rights Dismissed by Federal Preemption

Although the explicit article from the final orders is not visible, it is cited among the relevant norms, likely relating to the principle of the matter decided.

AC.2023.0395 · vd (Art. 49 al. 1 Cst.)

OFEV v. Municipality: Building Permit Annulled Due to Federal Marshland Protection Violation

Mentioned as the basis for the supremacy of federal law over cantonal planning regarding the protection of marshlands.

AC.2023.0423 · vd (Art. 49 al. 2 Cst.)

Federal Office for the Environment v. Municipal Building Permit for Construction in Protected Marshland

Provision cited in the reasoning establishing the Confederation's duty to ensure cantons respect federal law, supporting OFEV's standing (II.2.a).

AC.2023.0425 · vd (Art. 49 al. 1 Cst.)

Federal Office for the Environment v. Building Permit for Marshland Veranda

Cited generally regarding the supremacy of federal law (LPN) over cantonal planning, which supports the main grounds for annulment.

AC.2023.0428 · vd (Art. 49 al. 1 Cst.)

Federal Office for the Environment v. Municipality (Protected Marshland Construction)

Cited in the reasoning to establish the overriding force of federal law (LPN) over cantonal planning in case of conflict.

BK 2024 411 · be (Art. 49 BV)

Exclusion of Public Prosecutor and Appointment of Expert in Post-Conviction Proceedings

Cited in the reasoning concerning the applicants' arguments regarding the protection of fundamental rights, though the court dismissed the appeal on this ground.

U 2023 74 · gr (Art. 49 Abs. 1 BV)

Intercantonal Welfare Support Domicile Dispute

The defendant's deviation from federal law (ZUG) by applying a cantonal rule against federal law would violate this constitutional provision.