Kuwait Court of Cassation principle number 538

Litigation in an annulment action. In rem. Its basis: challenging the administrative decision itself. The annulment action must be directed against the administrative decision. Absence of the decision. The prerequisite for admissibility of the action is thereby lacking. - A negative decision cannot exist or be challenged by an annulment action unless it is established that the administrative authority refused or failed to adopt a decision it was required to adopt under laws and regulations. Absence thereof. Its refusal to issue it does not constitute a negative decision susceptible to challenge by annulment.