Key legal question
Whether the appellant retained a right to renewal of the residence permit based on marriage to a Swiss citizen.
Extracted holding
No right existed because reliance on the marriage was abusive: the marriage was only formally maintained and no realistic prospect of resuming marital life remained.
Extracted reasoning
Art. 7 ANAG protects the foreign spouse only where a genuine marital community is still intended or realistically expected. The court found clear indications that the spouses had lived separately for years and that the Swiss spouse had unequivocally ruled out continuation of the relationship; the appellant's contrary assertions were insufficient.