Kernrechtsfrage
Whether the residence permit had to be renewed under the FZA despite separation
Extrahierter Entscheid
No. The marriage was only formally maintained and there was no prospect of resuming cohabitation, so no right to renewal existed under the FZA.
Extrahierte Begründung
The court noted that the applicant herself admitted that the marital life would not resume; therefore the abuse-of-rights exception barred reliance on the FZA.