Kuwait Court of Cassation principle number 440

Summary: - A judgment annulling an administrative decision. It brings about, of itself, the extinction of the direct legal effect of the decision from the time that effect was established. This does not depend upon intervention by the administrative authority. What it issues in this regard is nothing more than 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 issued by it exceeding this scope. The consequence thereof. Its decision becomes an administrative decision amenable to challenge by an action for annulment because it is intermingled with new facts, even if some of its parts involve execution of the judgment. The reason therefor. The intermingling 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 brings about, of itself, the extinction of the direct legal effect of the decision from the time that effect was established, without this depending upon intervention by the administrative authority. Consequently, any decision it issues in this regard is nothing more than 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 issued by it exceeds this scope, it becomes an administrative decision amenable to challenge by an action for annulment because it is intermingled with new facts, even if some of its parts contain execution of the judgment, owing to the intermingling of the administrative authority's power with the binding authority of the judgment and the impossibility of separating them from each other. In such circumstances, there is no alternative to subjecting it to the scrutiny of the administrative judiciary in this respect.