Questione giuridica chiave
Whether the appellant retained a derived right to an EU/EFTA residence permit after the marital community ended.
Decisione estratta
No; the derived right existed only while the marriage formally continued and was not abused, but the courts found the marriage had become purely formal.
Motivazione estratta
Once there is no genuine intention to live together and no prospect of resuming marital life, reliance on the marriage is abusive; the factual findings of the cantonal court were not shown to be arbitrary.