Questione giuridica chiave
Whether the appeal against refusal of a residence permit was admissible in view of Article 8 ECHR and Article 100 OJ.
Decisione estratta
The appellant could not derive a present right to a residence permit from Article 8 ECHR because the intended marriage was not imminent and the relationship was too recent and insufficiently established.
Motivazione estratta
Under Article 100(1)(b)(3) OJ, administrative-law appeal is unavailable absent a legal entitlement. Article 8 ECHR may help only where family ties are close and effective. Fiancés or cohabitants qualify only exceptionally, when a serious, imminent marriage is concretely shown; that was not the case here.