Key legal question
Whether the appellant had a right to renewal of his residence permit as the spouse of a Swiss citizen despite the broken marital relationship.
Extracted holding
The court held that relying on the marriage was a manifest abuse of right because the union had long since lost its substance and served only to obtain a residence permit.
Extracted reasoning
The spouses separated shortly after marriage, lived together for less than one year in total, and no concrete, credible prospect of reconciliation or renewed common life was shown. The factual findings supported a conclusion of abuse under Art. 7 LSEE.