KCC 297/2005

A case involved a dispute between a claimant and defendants over the dismissal of administrative decisions.

Background

A claimant filed a case against defendants requesting that the court validate his right to settle his occupational and financial status under a Civil Service Council decision.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as he had filed his case before the decision had been issued. The claimant stated that he had filed the case in order to settle his occupational status, but the administrative authority in this regard was restricted.

The court held that this argument was invalid as the components of the application of the decision were not yet complete when entering into force. The court stated that the mentioned decision did not result in a new legal position and all the procedures were preparatory ones.

The court therefore dismissed the appeal.