Kuwait Court of Cassation principle number 537

The administrative decision. It is an act by which the administrative authority expresses its binding will, by virtue of its authority under laws, decisions and regulations, with the intention of producing a specific legal effect. Implication thereof. Distinguishing the administrative decision from a material act. Rationale thereof. - Jurisdiction of the Administrative Circuit. Its inclusion of both annulment and compensation adjudication. - 139 - Administrative - The administration’s refusal to issue a decision required by a law or regulation. It is deemed an administrative decision which interested parties may challenge by seeking annulment before the Administrative Circuit of the Court of First Instance. Likewise, compensation may be sought if such refusal results in harm warranting compensation. - The employee’s relationship with the administration. Its nature. Implication thereof: Both the employee and the administration must comply with laws and regulations. - The General Medical Council has the final say on which duties of the position are or are not compatible with the employee’s medical condition. Minister of Public Health Decision 158 of 1971 establishing the General Medical Council. - The government authority’s refusal to implement the General Medical Council’s decision to reduce the female employee’s working hours for a specified period and to refer her to it again after a period. A negative administrative decision. The challenged judgment’s departure from this, describing the administration’s act as merely a material act. An error requiring its cassation.