Questione giuridica chiave
Whether the residence permit had to be renewed under the FZA despite separation
Decisione estratta
No. The marriage was only formally maintained and there was no prospect of resuming cohabitation, so no right to renewal existed under the FZA.
Motivazione estratta
The court noted that the applicant herself admitted that the marital life would not resume; therefore the abuse-of-rights exception barred reliance on the FZA.