Question juridique clé
Whether the mother could still rely on Art. 7 LSEE for renewal of her residence permit after the Swiss spouse's death
Solution extraite
No; the marriage had been dissolved by the spouse's death, so Art. 7(1) LSEE no longer applied.
Motifs extraits
A surviving spouse cannot invoke the provision once the marriage is ended; moreover, the marriage lasted less than five years, so no entitlement to settlement arose.