Questione giuridica chiave
Whether the appellant retained a right to renewal of the residence permit based on marriage to a Swiss citizen under Art. 7 ANAG.
Decisione estratta
No. The marriage had become merely formal and reliance on it was abusive, so no enforceable right to renewal remained.
Motivazione estratta
The common household had ended, the wife had ruled out resuming cohabitation, had filed for divorce, had an ongoing relationship with another man, and no meaningful marital ties remained. Under settled case law, a broken marriage cannot ground a permit claim even if divorce is temporarily blocked by Art. 114 ZGB.