Kuwait Court of Cassation principle number 3743

The administrative authority’s refraining from taking 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. They may also seek compensation if this abstention results in damage warranting compensation. - The employee’s relationship with the administrative authority. Its nature. The consequence: both the employee and the administrative authority must comply with laws and regulations. - The General Medical Council has the final say as to which job duties 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 governmental authority’s refraining from implementing the General Medical Council’s decision to reduce the female employee’s working hours for a specified period and refer her back 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.