Questão jurídica principal
Whether the appellant had a right to renewal of the residence permit based on marriage to a Swiss citizen despite separation and pending divorce.
Decisão extraída
No. The marriage was no longer a genuine marital union and was invoked solely for residence purposes; therefore no renewal right existed.
Fundamentação extraída
The court found clear indications that the spouses had long since separated, that the wife had formed a new family, and that no realistic reconciliation was to be expected before the five-year period under Art. 7 ANAG had elapsed. Reliance on the marriage was thus abusive.