Questão jurídica principal
Whether the refusal to renew the residence permit was lawful despite the marriage to a Swiss national.
Decisão extraída
Yes. The appellant relied on a marriage that had become merely formal, which constituted a manifest abuse of rights.
Fundamentação extraída
The spouses had been separated since September 2002, never resumed cohabitation, and there was no concrete indication of an imminent reconciliation or real intention to resume married life. The federal court was bound by these findings and saw no violation of federal law.