Kuwait Court of Cassation principle number 1516

A judgment annulling an administrative decision. It necessarily entails extinguishing the administrative decision from the time of its issuance and treating it as if it had never existed. The rationale: it reveals the illegality that attended the decision from its issuance. The consequence: the disappearance of all legal effects produced by the annulled decision and the administrative authority's obligation to fulfil everything required of it by the judgment. The administrative authority must promptly take positive action by issuing the decision necessary to implement the annulment judgment. What it undertakes in this regard is no more than a purely implementing decision confirming the legal effect achieved pursuant to the annulment judgment. It must also adopt a negative position by refraining from taking any measure or issuing any decision contrary to what the judgment decreed in its operative part and to the essential grounds underlying it that relate and connect to that operative part. - 438 - Administrative Compensation