Kuwait Court of Cassation principle number 277

Administrative decisions. The rule is that they apply to what occurs from the date of their issuance and produce no effect in respect of what occurred beforehand. A decision providing for its effect to extend to the past in a manner inconsistent with the interests of the individuals concerned by it. Its implication. Contravention of the law, rendering it without effect as regards its retroactivity. - The rule against retroactivity of administrative decisions is complemented by the rule that individuals must know of decisions capable of affecting their legal positions. The reason therefor. Administrative decisions are not enforceable against individuals unless they have full knowledge of them encompassing all their elements, whether constructive knowledge through publication or certain knowledge; from the date of this knowledge, the decision’s effects commence in relation to the individuals concerned. - The applicant’s insistence that the regulatory decision sought to be applied to him was not published in the Official Gazette and that he did not - 79 - Administrative know of it, and consequently that it may not be enforced against him retroactively, and the judgment’s conclusion that nonpublication of the decision was established and that the papers contained no evidence of the appellant’s knowledge of it. The judgment’s conclusion that the appellant had not challenged the decision by an action for annulment, and its consequent dismissal of the request to annul the individual decision based upon it. Vitiates it and requires its cassation.