Kuwait Court of Cassation principle number 488

Enforcement of an annulment judgment. Its requirement. Elimination of the annulled decision and erasure of its effects from the time of its issuance and to the extent determined by the judgment. The judgment must be enforced fully and without diminution so as not to impair the rights and legal positions of those concerned. - Issuance of a judgment annulling an administrative decision insofar as it bypassed the respondent for promotion, on the basis that the more senior person must be promoted and that the respondent was more senior than the person whose promotion was challenged at the time the decision was issued, and affirmation of the judgment on appeal and by a judgment of the Court of Cassation. Its implication. The respondent must be promoted as the person more senior than the person whose promotion was challenged at the time the decision was issued, and the latter must be treated as if he had not been promoted. Merely cancelling the promotion of the person promoted by the decision adjudged annulled does not suffice to enforce that judgment. The reason therefor.