Questione giuridica chiave
Whether the appellant retained a residence right under the FZA despite separation from his EU spouse
Decisione estratta
No; once the marital community had ceased and the formal marriage was abused solely to retain immigration status, the derived FZA-based residence right lapsed.
Motivazione estratta
The right exists only while the marriage formally subsists and is not abused; the couple had lived apart for nearly three years, so minimum cohabitation and marital bond were lacking.