Questão jurídica principal
Whether the public law appeal was admissible against revocation of the residence permit and whether a subsidiary constitutional complaint could be brought for a discretionary permit request.
Decisão extraída
The appeal was admissible only insofar as it challenged revocation of the existing permit derived from marriage; it was inadmissible for a discretionary permit claim and for the subsidiary constitutional complaint.
Fundamentação extraída
A spouse of an EU worker with residence status has a derived right under ALCP provisions for the duration of the formal marriage. By contrast, no protected legal position exists for a purely discretionary permit request, and arbitrariness alone does not establish standing for a subsidiary constitutional complaint.