Kuwait Court of Cassation principle number 1432

The dispute in an annulment action is an objective dispute whose basis is challenging the administrative decision itself with a view to reviewing its legality. Implication thereof. The administrative decision is an essential constitutive prerequisite for its institution. The administration's withdrawal of the decision. Effect thereof. That it produces the same consequences as its judicial annulment, is considered never to have existed, and its effects are erased from the time of its issuance. - An adjustment action. One of the entitlement actions, and is based on consideration of the source from which the employee derives his right; it is so considered if that source is a general regulatory rule. Implication thereof. Decisions issued by the administrative authority in this regard are merely implementing measures and an application of the regulatory rule without any discretionary power. - 409 - Administrative