Questione giuridica chiave
Whether the public-law appeal against the refusal of a residence permit was admissible
Decisione estratta
The appeal in public law was admissible because the marriage still formally existed and could ground a permit claim under the former law.
Motivazione estratta
Because the old substantive foreigner law applied and the marriage had not formally ended, the appellant could in principle rely on Art. 7(1) ANAG; however, the subsidiary constitutional complaint was not admissible.