Questione giuridica chiave
Whether the appeal was admissible in light of a possible right to remain under the ALCP and former law
Decisione estratta
The applicability of the claimed right could remain open because the appeal failed on the merits.
Motivazione estratta
The court could not establish from the file whether the spouse had acquired a right to remain under Art. 2 and 3 of Regulation 1251/70, but this did not matter because the substantive claim was abusive.