Key legal question
Whether the appellant had a right to a residence permit based on marriage to a Swiss citizen despite alleged abuse of rights.
Extracted holding
No. The authorities could find that the marital relationship had lost its substance and that no real continuation of the marital life was to be expected, so Article 7 ANAG did not confer a permit right.
Extracted reasoning
The evidence showed no meaningful reconciliation and several indications that the marriage was maintained only to secure immigration benefits. A merely formal marriage, with no realistic prospect of resuming the common life, is an abuse of rights and falls outside Article 7 ANAG.