Kuwait Court of Cassation principle number 2142

Disputes concerning an administrative decision. Matters and circumstances arising during consideration of the action do not extinguish the original litigation or render it concluded. Its implication: reduction of the disciplinary penalty against which an annulment action was brought, during consideration of that action, does not render the original litigation concluded; rather, it remains pending, and the annulment claim is directed at the reduced penalty. The litigation must be resolved in light of those new circumstances. The judgment treating the issuance of a decision reducing the penalty during consideration of the action as withdrawal of the challenged decision and cessation of the female appellant's interest in seeking its annulment, and holding that a separate annulment action must be brought concerning it. An error in the application of the law requiring its cassation.