Questione giuridica chiave
Whether the residence permit had to be renewed under Art. 7 ANAG despite the breakdown of the marriage
Decisione estratta
No. The spouses' relationship had definitively broken down before the five-year period elapsed, so the appellant could no longer invoke Art. 7 ANAG.
Motivazione estratta
The wife's declaration that her marital will had irretrievably ended, together with her new stable relationship, justified the finding that the marriage was definitively broken down; the appellant's reliance on a merely formal marriage was abusive.