Questione giuridica chiave
Whether the foreign spouse retained a right to renewal of the residence permit under Art. 7 LSEE despite separation and divorce proceedings.
Decisione estratta
No. The marriage had become purely formal, so invoking it to obtain renewal was a manifest abuse of rights.
Motivazione estratta
The spouses had long lived apart, no resumption of cohabitation was envisaged, and divorce proceedings had been initiated; the reasons for the separation were irrelevant to the abuse-of-rights assessment.