Kuwait Court of Cassation principle number 393

Applications to annul decisions seconding employees. They fall outside the jurisdiction of the Administrative Circuit. The criterion for this: where the administrative authority intended those decisions to produce the legal effect intended by secondment, and they are not a cover concealing a decision over whose annulment the Circuit has jurisdiction. - The determining factor in assessing the extent of the Administrative Circuit's jurisdiction is consideration of the nature of the disputed decision and its elements in light of its correct legal characterization. - Secondment is temporary by nature. Its purpose. It may be to the employee's same grade or to a higher grade. Its condition: it must not be to a grade lower than the grade of the employee's original position. - The administrative authority's failure to second an employee to occupy a position does not render its decision in this regard a passing over for promotion or taint its decision with abuse of power. The reason for this: promotion and secondment each have their own nature, arrangements, and conditions. Example. - The administration's liability for its administrative decisions – The unlawful administrative decision:-