Kuwait Court of Cassation principle number 945

An annulment action, being an action of an objective nature aimed at challenging the administrative decision itself in fulfilment of the principle of legality. Its condition. The existence of a direct personal interest. It is not limited to the existence of a right infringed or affected by the decision sought to be annulled. The interest requirement therein extends to anyone whose genuine interest is affected by that decision, whether material or moral. - An annulment action, being an action of an objective nature aimed at challenging the administrative decision itself in fulfilment of the principle of legality. Its condition. The existence of a direct personal interest. It is not limited to the existence of a right infringed or affected by the decision sought to be annulled. The interest requirement therein extends to anyone whose genuine interest is affected by that decision, whether material or moral. - Issuance of a decision promoting a person to the position of department director before the expiry of the ten years required by Civil Service Council Decision 25 of 2006 concerning the conditions for holding supervisory positions. Its consequence. The decision was issued contrary to law. Completion of the ten-year period some time after the decision was issued has no effect. The reason thereof. What matters is the legal and factual grounds on which the decision was based when issued, not subsequent facts. - The appellant's failure to satisfy the conditions for promotion to the same position because the period has likewise not been completed in his case. This does not preclude his having an interest in challenging the respondent's occupancy of that position. The reason thereof. Because he hopes to occupy it in future, and because denying him the opportunity to challenge the decision within the legally prescribed time limit on the pretext that he lacks an interest deprives him of occupying that position in future and entrenches the respondent's position. The judgment's departure from this view and its ruling that the action is inadmissible for lack of interest. It renders it defective and requires its cassation. - 286 - Administrative - Financial rights:-