Kuwait Court of Cassation principle number 419

The administration’s liability for administrative decisions issued by it. Its criterion: fault on its part, damage suffered by the interested party, and a causal relationship between the fault and the damage. An award of compensation is not a necessary consequence of a judgment of annulment. - Establishment that the defect affecting the decision for which compensation is sought is a defect affecting the substance of the decision and thus provides a valid basis for compensation. Consequence: there is no basis for asserting that the administrative authority is exempt from liability for its fault. The challenged judgment’s departure from this view. Vitiates it.