Question juridique clé
Whether the foreign spouse could rely on Art. 7 LSEE to renew the residence permit despite separation.
Solution extraite
The permit could not be renewed because the marriage had become a merely formal union and reliance on it was abusive.
Motifs extraits
Only a formally existing marriage is relevant for admissibility, but on the merits the decisive point is whether the conjugal union is definitively broken. The record showed a durable separation, no realistic prospect of reconciliation, and no concrete steps toward resuming cohabitation. The reasons for the breakdown were irrelevant.