Kernrechtsfrage
Whether the appellant could still invoke Art. 7 LSEE despite the marital relationship being reduced to a formal shell and therefore abused rights.
Extrahierter Entscheid
He could not; the court found manifest abuse of rights because the marriage had long lost its substance and was invoked only to obtain immigration benefits.
Extrahierte Begründung
The factual findings showed a definitive separation before the five-year period expired and no concrete, credible prospect of resuming common life; the Federal Supreme Court was bound by these findings absent manifest error.