Questão jurídica principal
Whether the filing, mislabeled as a public-law appeal, was admissible as an appeal in public law matters.
Decisão extraída
The mislabeling did not bar review; the appeal was admissible as an appeal in public law matters insofar as the appellant could invoke rights under the EU/Swiss free movement agreement.
Fundamentação extraída
Because the challenged decision was issued after 1 January 2007, the LTF applied. As an Italian national, the appellant could in principle rely on the ALC and Annex I to claim a right of residence without economic activity, so Article 83(c)(2) LTF did not exclude review.