Kuwait Court of Cassation principle number 425

Summary: - A judgment annulling an administrative decision. It itself extinguishes the direct legal effect of the decision from the time that effect was established. This does not depend on intervention by the administrative authority. What it issues in this regard is nothing but a purely material enforcement measure to remove the annulled decision in execution of the judgment and in discharge of its duty imposed by the binding authority of judicial judgments and the implementation of their requirements. The decision it issues exceeds this scope. Its consequence. Its decision becomes an administrative decision open to challenge by annulment because it is intermingled with a new factual situation, even if some of its parts involve execution of the judgment. The reason therefor. The intertwining of the administrative authority’s power with the binding authority of the judgment and the impossibility of separating them. Rule: It is established in the jurisprudence of this Court that a judgment of annulment itself extinguishes the direct legal effect of the decision from the time that effect was established, without this depending on intervention by the administrative authority. Consequently, any decision it issues in this regard is nothing but a purely material enforcement measure to remove the annulled decision in execution of the judgment and in discharge of its duty imposed by the binding authority of judicial judgments and the implementation of their requirements. If the decision it issues exceeds this scope, it becomes an administrative decision open to challenge by annulment because it is intermingled with a new factual situation, even if some of its parts contain execution of the judgment, given the intertwining of the administrative authority’s power with the binding authority of the judgment and the impossibility of separating them from one another. In these circumstances, there is therefore no alternative to subjecting it to the scrutiny of the administrative judiciary in this regard.