Kuwait Court of Cassation principle number 280

Summary: - Characterization of the claims in an action without being bound by the litigants' description thereof. Within the authority of the court of merits. - A negative administrative decision that may be challenged by an annulment action. The condition for its existence: that the administration refrain from taking measures it was required to take under laws and regulations. Where that measure is not obligatory upon it. The necessary consequence: its abstention does not constitute a negative decision susceptible to challenge by an annulment action. - Ascertaining whether a negative administrative decision exists or not. For the court of merits. The condition for this. Rule: It is established in the jurisprudence of this Court that the court of merits has the authority to characterize the litigants' claims in the action and is not bound by their description thereof. A negative decision that may be challenged by an annulment action exists only if it is established that the administration refrained or failed to take a measure it was required to take under laws and regulations, in that the person concerned satisfied the conditions and requirements prescribed by law for obtaining a particular right. If such a measure was not obligatory for it, its abstention from taking it does not constitute a negative decision susceptible to challenge by annulment. The court of merits may ascertain from the facts of the dispute whether that decision exists or not, provided that it bases its ruling on sound reasons.