Questione giuridica chiave
Whether the appellant had a right to a residence permit under the ALCP despite the marital separation.
Decisione estratta
No; the marriage was only formal and invoking it was abusive because the spouses had already excluded any future common life.
Motivazione estratta
The ALCP grants a derived residence right to the spouse of a Community worker, but this protection does not cover abusive reliance on a marriage devoid of substance or fictitious arrangements.