Questione giuridica chiave
Whether the Federal Supreme Court appeal was admissible and the appellant had a current interest.
Decisione estratta
The appeal was admissible because the appellant could potentially derive a residence right from the EU free movement rules and still had an interest in challenging the refusal.
Motivazione estratta
A spouse of an EU national with a residence right may invoke Art. 7 let. d ALCP and Art. 3 annex I ALCP; the alternative annual permit under Art. 50 LEtr was less favorable and uncertain.