Questione giuridica chiave
Whether the public-law appeal was admissible despite the absence of a current entitlement to a residence permit.
Decisione estratta
No current statutory or treaty-based entitlement existed after the spouses stopped living together, so the public-law appeal was inadmissible.
Motivazione estratta
Under Art. 17(2) ANAG, the permit entitlement depends on cohabitation; once that ceases, mere formal marriage is insufficient. Any permit for work did not preserve an entitlement after the family basis fell away.