Kuwait Court of Cassation principle number 1268

The time limit for bringing an administrative action is a matter of public order. The court must observe it of its own motion, verify the grounds interrupting the time limit, and assess the administrative authority’s conduct in relation thereto and whether it constitutes positive conduct extending the time limit for bringing the action or determine the absence thereof, so long as its factual elements are before it. - The time limit for bringing an annulment action. Sixty days. This time limit is interrupted by an administrative grievance, which must be lodged before bringing the action. Expiry of the time limit thereafter without a response from the administrative authority. A presumption of - 370 - Administrative rejection. The court’s finding that the competent administrative authority did not neglect the grievance, recognized the aggrieved person’s right, and adopted clear positive conduct toward granting his grievance. This extends the time limit for deciding it until the administration’s final decision concerning it is issued and the person concerned learns of it, at which point the time limit for bringing the action begins. The challenged judgment’s departure from this view. An error in applying the law and a contradiction of what is established in the papers.