Kuwait Court of Cassation principle number 422

Summary: - An action for annulment of an administrative decision. Its time limit is 60 days from the date of the decision’s “nasr” or knowledge thereof. This time limit is interrupted by an administrative grievance, which must be submitted before bringing the annulment action, and the prescribed period for deciding it must be allowed to expire. Expiry of that period without a response. Its implication. The annulment action must be brought within the 60 days “al-aliyah” to the expiry of this period, whose expiry without a response from the administration is regarded as a presumption that the grievance has been rejected. - Ascertaining whether or not a grievance against an administrative decision exists. Within the trial court’s authority, without review. The condition therefor. Rule: The implication of Articles 7 and 8 of Decree-Law No. 20 of 1981 establishing the Administrative Circuit—as established in the jurisprudence of this Court—is that the legislature fixed the time limit for bringing an action for annulment of administrative decisions at 60 days from the date of publication of the decision or knowledge thereof. This period is interrupted by an administrative grievance, which it required to be submitted before bringing the annulment action, and the prescribed period for deciding it must be allowed to expire. If that period elapses without a response, the general rule is that the annulment action must be brought within the 60 days following the expiry of that period, whose expiry without the competent authority responding to the grievance is regarded as its rejection. That is, the law presumed that the administration had implicitly rejected the grievance, inferring this deemed rejection from the presumption arising from the expiry of this interval without the administration answering it. It is established that the trial court may ascertain whether or not a grievance against the challenged decision exists, without review, provided that it bases its judgment on sound reasons having an established basis in the documents and capable of leading to the conclusion it reached.