Questione giuridica chiave
Whether the appellant retained a right to renewal of her residence permit under Art. 7 LSEE despite the marital separation.
Decisione estratta
No. The authorities could find manifest abuse of rights because the marriage had become purely formal and there was no realistic prospect of resuming cohabitation.
Motivazione estratta
Under Art. 7(1) LSEE, the foreign spouse of a Swiss national normally has a right to a permit, but this right is excluded in case of manifest abuse. The spouses had been separated for nearly two years, did not live together, and nothing concrete suggested a real reconciliation.