Kuwait Court of Cassation principle number 876

The administrative decision: an act by which the administrative authority expresses its binding will through the power vested in it under laws, decisions, and regulations, with the intention of producing a particular legal effect. Implication thereof. Distinguishing the administrative decision from a material act. Reason therefor. - Jurisdiction of the Administrative Circuit. It encompasses both annulment and compensation adjudication. - The administrative authority’s refusal to take a decision that a law or regulation requires it to take. It is treated as an administrative decision that interested parties may challenge by seeking annulment before the Administrative Circuit of the Court of First Instance. They may also seek compensation if this refusal results in damage warranting compensation. - The employee’s relationship with the administrative authority. Its nature. Implication thereof: both the employee and the administrative authority must comply with laws and regulations. - The General Medical Council has the final say as to which duties of the post are or are not compatible with the employee’s medical condition. Decision of the Minister of Public Health 158 of 1971 forming the General Medical Council. - The government body’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 action as merely a material act. An error requiring its cassation. 4- Lawyers’ Disciplinary Council:-