Kernrechtsfrage
Whether the appellant could rely on Art. 7(1) LSEE to obtain renewal of his residence permit and an establishment permit despite the breakdown of the marriage.
Extrahierter Entscheid
No. The courts found a manifest abuse of rights because the marriage existed only formally and was invoked solely to obtain an immigration permit.
Extrahierte Begründung
The spouses had separated well before five years after the marriage, there was no prospect of resuming cohabitation, and the appellant had already formed another marital union in practice. Those findings bound the Federal Supreme Court absent manifest error.