Kuwait Court of Cassation principle number 2152

Litigation in an annulment action is litigation in rem, founded on challenging the administrative decision itself with the aim of reviewing its legality. Consequence thereof. The administrative decision is an essential prerequisite for its constitution. The administration’s withdrawal of the decision. Its effect. It produces the same consequences as judicial annulment; the decision is deemed never to have existed and its effects are erased from the time of its issuance. - An action for adjustment of status. It is an entitlement action and is based on consideration of the source from which the employee derives his right; it is considered such where that source is a general regulatory rule. Consequence thereof. Decisions issued by the administrative authority in this regard are merely implementing measures and an application of the regulatory rule, without any discretionary power.