Kuwait Court of Cassation principle number 3747

A judgment annulling an administrative decision. Necessarily entails extinguishing the administrative decision from its issuance and deeming it never to have existed. Reason: it reveals the illegality that attended the decision from its issuance. Its implication: - 690 - Obligation. Removal of all legal effects produced by the annulled decision and the administrative authority's obligation to fulfil in full everything required of it by the judgment. The administrative authority must promptly adopt a positive stance by issuing the decision necessary to implement the annulment judgment. What it undertakes in this regard is no more than a purely implementing decision confirming the legal effect achieved by virtue of the annulment judgment. It must also adopt a negative stance by refraining from taking any measure or issuing any decision that conflicts with what the judgment ruled in its operative part and with the essential reasons underlying it that relate and are connected to that operative part. - Understanding the contested decision, ascertaining its nature and the extent to which it possesses the elements of an administrative decision, and determining the existence or absence of fault giving rise to the administrative authority's liability. Within the authority of the court of merits, provided it is reasonable.