Questione giuridica chiave
Is the administrative law appeal admissible because the ALCP may confer a right to a residence permit?
Decisione estratta
Yes. As a French national potentially entitled under the ALCP, the appellant could invoke a federal treaty right, so the appeal was admissible.
Motivazione estratta
Ordinarily foreigners have no entitlement under the LSEE, but the ALCP can create a direct right to residence, removing the inadmissibility bar of Art. 100(1)(b)(3) OJ.