Questione giuridica chiave
Whether the appellant remained entitled to a residence permit based on marriage to a Swiss citizen under Art. 7 ANAG.
Decisione estratta
No. The marriage only formally existed and invoking it was abusive because the marital union had definitively failed and no further shared life was realistically possible.
Motivazione estratta
Art. 7 ANAG protects the genuine marital relationship, not a purely formal marriage used to secure residence irrespective of any actual family life. The established case law on abuse remained applicable.