Key legal question
Whether the appellant had a right to renewal of his residence permit based on marriage to a Swiss citizen despite separation and alleged abuse of rights.
Extracted holding
No. The reliance on the marriage was abusive because the marital relationship had become purely formal with no realistic prospect of resuming cohabitation.
Extracted reasoning
The couple had lived together only briefly, had been separated for years, the wife had clearly ended the relationship and filed for divorce, and the appellant relied on the marriage solely for immigration purposes. Under the applicable practice, Article 7 ANAG does not protect a merely paper marriage maintained only to obtain a permit.