Questão jurídica principal
Whether the refusal of a CE/AELE residence permit was justified by public-order concerns under ALCP Article 5 Annex I.
Decisão extraída
The refusal could not be upheld on the basis that mere abstract recidivism risk was enough; however, the appeal still failed for another reason.
Fundamentação extraída
The court accepted that the foreign tax-fraud and Swiss document offences were serious, but held that the lower court's findings did not sufficiently establish an actual and present threat to public order solely from the possibility of reoffending.