Questione giuridica chiave
Whether the foreign spouse had a claim to a settlement permit under Art. 7 ANAG despite marital separation and alleged abuse of rights.
Decisione estratta
The marriage was still legally valid and the record did not show that it had definitively broken down before the five-year period elapsed; the refusal of the settlement permit was unlawful.
Motivazione estratta
For Art. 7 ANAG, the existence of a formal marriage suffices; abuse of rights requires clear indications that the marital union was no longer intended or expected to continue already before expiry of the five-year period. The lower court relied mainly on later events and did not properly fix the relevant time. The evidence did not yet justify treating the marriage as definitively failed in January 2006.