Kuwait Court of Cassation principle number 2157

An administrative decision: an act by which the administrative authority expresses its binding will, by virtue of its authority under laws, decisions and regulations, with the intention of producing a specific legal effect. The implication thereof. Distinguishing an administrative decision from a material act. The reason therefor. - Jurisdiction of the Administrative Circuit. Its inclusion of both annulment and compensation adjudication. - 397 - Procedure - The administrative authority’s refusal to take 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. Likewise, compensation may be sought if this refusal results in harm warranting compensation. - The employee’s relationship with the administrative authority. Its nature. The implication thereof.: Both the employee and the administrative authority must comply with laws and regulations. - The General Medical Council has the final say on which job duties are or are not compatible with the employee’s medical condition. Minister of Public Health Decision 158 of 1971 establishing the General Medical Council. - The government authority’s refusal to implement the General Medical Council’s decision reducing the female employee’s working hours for a specified period and referring her back after a period. A negative administrative decision. The challenged judgment’s departure from this, describing the administration’s conduct as merely a material act. An error requiring its cassation.