Questione giuridica chiave
Whether the appellant could rely on Art. 7 ANAG to obtain a residence or settlement permit despite the marital relationship being abusive and irretrievably broken down.
Decisione estratta
The marital right under Art. 7 ANAG could no longer be invoked because the marriage was only formally maintained and there was no realistic prospect of resuming the common life.
Motivazione estratta
The lower courts reasonably found abuse of rights; the reasons for the marriage breakdown were irrelevant once a resumption of the marital community was plainly impossible.