Questão jurídica principal
Whether the appeal was admissible despite Art. 83 BGG
Decisão extraída
The appeal in public law matters was admissible because the case concerned revocation of an existing residence permit and the spouse retained an EU-derived right to family reunification so long as the marriage formally existed.
Fundamentação extraída
The Court held that Art. 83 lit. c ch. 2 BGG did not bar review, since only the formal subsistence of the marriage was relevant at the admissibility stage.