Kuwait Court of Cassation principle number 1636

Proceedings in an annulment action. Objective in nature. Their basis: challenging the administrative decision itself. The annulment action must be directed against the administrative decision. Absence of the decision. Therewith, the basis for admissibility of the action is lacking. - 466 - Administrative - A negative decision cannot exist or be challenged by an annulment action unless it is established that the administrative authority refused, or the administrative authority failed, to take a decision that it was obliged to take under laws and regulations. Absence thereof. Its refusal to issue it does not constitute a negative decision susceptible to challenge by annulment. - The trial court may ascertain from the facts of the dispute whether this decision exists or is absent, provided that it bases its ruling on reasonable grounds: - Its authority to infer the existence or absence of an employment relationship:-