Questão jurídica principal
Whether the appellant could claim a residence permit as the spouse of a Swiss citizen under Art. 7 LSEE despite separation.
Decisão extraída
No. The marriage had become purely formal and invoking it solely to remain in Switzerland constituted a manifest abuse of rights.
Fundamentação extraída
The spouses had lived separately for a long time, there were no concrete signs of reconciliation or real resumption of cohabitation, and the factual findings showed the union had lost its substance.