Question juridique clé
Whether the annulment of facilitated naturalization under Art. 41(1) BüG was justified because the marital community did not exist at the relevant time.
Solution extraite
The authorities could infer, on the basis of multiple indicia, that no actual marital community existed in October 1995; the naturalization therefore lacked the statutory prerequisite.
Motifs extraits
The court held that 'marital community' means an actual life community, not merely a formal marriage, and that the burden on the authority can be met by circumstantial evidence and probability-based inference. The evidence showed separation tendencies, extramarital relationships, and subsequent divorce/remarriage behavior inconsistent with a stable community.