Questão jurídica principal
Whether the foreign spouse had a right to renewal of the residence permit under Art. 7 ANAG despite separation and imminent divorce.
Decisão extraída
No. The court held that reliance on the formally existing marriage was abusive because the marital community had definitively failed and no reconciliation was foreseeable.
Fundamentação extraída
The spouses lived together only twelve days, remained separated thereafter, the husband refused reunification and intended to divorce as soon as possible; on these facts, renewal would not be protected by Art. 7 ANAG or Art. 8 ECHR.