Facts
German citizen X. took up a position in Switzerland on 1 August 2001 and received an EC/EFTA residence permit on 25 September 2002, which was extended until 30 September 2007. X. applied for an extension of his residence permit and that of his wife and son on 17 August 2007, but refused to submit the "Verfallsanzeige" form and the corresponding foreigner's identity documents, as he and his relatives had a claim to an "automatic" extension under the AFMP.
The Migration Office of the Canton of Aargau did not consider the application on 23 April 2008, and the Legal Service of the Migration Office dismissed the appeal on 25 September 2008. The Court of Appeal in Foreigners' Law of the Canton of Aargau found on 9 July 2009 that the AFMP left the member states a certain margin of discretion to shape the extension procedure.
Considerations
The Federal Court dismissed the complaint, insofar as it was considered. The issuance and extension of residence permits or special certificates are governed by Annex I of the AFMP. The contracting parties take all necessary measures to simplify the formalities and procedures for obtaining these documents as far as possible.
The signatory states are authorized to ensure the procedure through regulatory provisions. These should not go further than is necessary for the purpose of the extension. The violation of these provisions alone may not be sanctioned by denying the person concerned their right of residence or by allowing it to lapse on its own.
The Federal Court found that the migration authorities had requested the complainants to submit a so-called "Verfallsanzeige" and their…