Kuwait Court of Cassation principle number 316

Administrative decisions. The general rule is that they apply to what occurs from the date of their issuance and have no effect on what occurred before them. A decision's provision extending its effect to the past in a manner inconsistent with the interests of the individuals concerned. Its consequence. Violation of the law, and it is without effect as regards its retroactivity. - The rule against retroactivity of administrative decisions is complemented by the rule that individuals must know of decisions liable to affect their legal positions. The reason therefor. Administrative decisions are not effective against individuals unless they have full knowledge thereof encompassing all their elements, whether constructive knowledge through publication or certain knowledge, and the effects of the decision in relation to the individuals concerned begin from the date of that knowledge. - The applicant's contention that the regulatory decision sought to be applied to him was not published in the Official Gazette and that he had no knowledge of it, and consequently that it may not be enforced against him retroactively, and the judgment's finding that non-publication of the decision was established and that the case papers contained no evidence of the appellant's knowledge of it. The judgment's conclusion that the appellant had not challenged the decision by annulment and its consequent rejection of the request to annul the individual decision based upon it. Renders it defective and requires its cassation.