Kuwait Court of Cassation principle number 327

Action for annulment of administrative decisions. It must be brought within sixty days from the date of publication of the challenged administrative decision in the Official Gazette or in bulletins issued by government departments, notification thereof to the interested party, or establishment of his certain knowledge thereof. - A grievance against administrative decisions must be submitted before bringing an annulment action. Reason therefor: to enable administrative authorities to remedy errors occurring in their decisions, examine the grounds of the grievance, and grant the interested party’s request when the soundness of his grievance is established. - Submission of the mandatory grievance. A necessary condition for admissibility of an annulment action. Waiting for the prescribed periods for deciding the grievance was not intended as an end in itself. Reason therefor. - Bringing the action before pursuing the grievance procedure and remedying this by submitting the grievance within the sixty days following - 92 - Administrative issuance of the decision, and expiry of the period for deciding it during the proceedings without the administrative authority granting his request or notifying him of rejection of his grievance. There is no need to repeat litigation by bringing a new action so long as the purpose intended by the legislator in requiring a grievance to administrative authorities has been achieved. The challenged judgment’s departure from this view. Renders it defective and requires its cassation. - Grievance against the administrative decision:-