Questão jurídica principal
Whether the residence permit had to be renewed despite the marriage breakdown and alleged sham marriage.
Decisão extraída
No; even leaving open whether the marriage was a sham, continued residence was barred by abuse of rights because the marriage existed only formally and there was no prospect of resuming marital life.
Fundamentação extraída
The applicant relied on a marriage that had failed at least since autumn 2003. The reasons for the breakdown were irrelevant. The record showed no efforts to restore the marital community, and the applicant himself stated that cohabitation was no longer possible.