Questione giuridica chiave
Whether the appellant retained a right to renewal of the residence permit under Art. 7 ANAG despite separation.
Decisione estratta
No. The marriage had only a formal existence and reliance on it was abusive because no genuine resumption of marital life was foreseeable.
Motivazione estratta
Under settled case law, Art. 7 ANAG protects only an existing marital community in substance. Where one spouse no longer intends to live in a marital union, or a continued life together is objectively no longer realistic, the statutory right cannot be invoked in good faith.