Key legal question
Whether the refusal to renew the residence permit was lawful because the claimant could no longer rely on his marriage to a Swiss citizen under Art. 7 ANAG
Extracted holding
He could not rely on Art. 7 ANAG because, before the five-year period elapsed, he had already entered a second marriage and thus acted inconsistently with a genuine marital life with his Swiss spouse.
Extracted reasoning
The undisputed facts showed a prior second marriage abroad, a later family reunification request, and conduct demonstrating that the first marriage had become merely formal; therefore reliance on the first marriage was abusive.