What Is an Annulment Lawsuit in UAE Law? An annulment lawsuit in UAE law is defined as a lawsuit filed by an interested party to annul administrative decisions issued against them or to terminate administrative contracts they have concluded. The annulment lawsuit in UAE law is subject to the provisions of administrative law, with the consideration that the judicial system in the UAE operates on a unified system, meaning the ordinary judiciary is competent to hear all lawsuits and disputes, including administrative disputes like the annulment lawsuit in UAE law. The laws applied to an annulment lawsuit in UAE law include general laws such as those governing public employment, administrative contracts, and public tenders, among others.
Therefore, an annulment lawsuit in UAE law is either a request to annul an administrative decision or to terminate an administrative contract.
What Are the Conditions for Filing an Annulment Lawsuit in UAE Law?
The conditions for an annulment lawsuit in UAE law are divided into general and specific conditions. The general conditions are the same as those required for filing any judicial lawsuit and are as follows:
- Condition of Legal Standing: The annulment lawsuit in UAE law must be filed by the plaintiff themselves or by their legal representative, such as Samaha Legal Consultancy.
- Condition of Legal Capacity: The annulment lawsuit in UAE law must be filed by a person legally qualified to file it. If the plaintiff is a legal entity, the lawsuit is filed by the person authorized to represent it, such as Samaha Legal Consultancy.
- Condition of Interest: There must be an interest in filing the annulment lawsuit in UAE law. This interest is often realized when the plaintiff suffers harm from the administrative decision. Samaha Legal Consultancy can help you fulfill this condition and all other conditions for filing an annulment lawsuit in UAE law in the most appropriate legal manner.
The specific conditions required for filing an annulment lawsuit in UAE law are:
- The administrative decision must have been issued by a public authority, which means that the decision must contain provisions of public law.
- In the case of an administrative contract, one of the parties to the contract must be a public authority, and the contract must be for a public service.
- A grievance against the administrative decision must be filed before the annulment lawsuit in UAE law is filed to annul it, and this must be done within the legal period specified in the law.
Regardless of whether the conditions for filing an annulment lawsuit in UAE law are specific or general, you can contact Samaha Legal Consultancy to file the lawsuit in the appropriate legal manner.
What Are the Procedures for Filing an Annulment Lawsuit in UAE Law?
The UAE adopts a unified judicial system, so ordinary courts are competent to hear the annulment lawsuit in UAE law. This means that the procedures that must be followed when filing an annulment lawsuit in UAE law are the same as those in the Civil Procedures Law. These procedures are as follows:
- Prepare the statement of claim, including the main required data for filing the annulment lawsuit in UAE law, the most important of which are the plaintiff’s and defendant’s details, the facts and subject of the lawsuit, its evidence, and the plaintiff’s requests.
- Submit the annulment lawsuit in UAE law to the administration of the competent court, which will review its contents.
- If the annulment lawsuit in UAE law is accepted, the court administration will record it with a specific number and date.
- The court administration will notify the parties of the date of the first session.
- The defendant has the right to submit their defense three days before the session date set by the court.
- The plaintiff must attend the sessions.
To learn the details of all these procedures, you can contact Samaha Legal Consultancy to understand the intricacies of everything related to the annulment lawsuit in UAE law.
Judicial Precedents in Annulment Lawsuits in UAE Law:
There are many judicial precedents issued by the Federal Supreme Court regarding the annulment lawsuit in UAE law. Among them, we mention the precedent issued by the Federal Supreme Court in a decision stating that the termination of an employee of the Ministry of Health by the Civil Service Council is a form of jurisdictional defect. Another precedent relates to the justification for an administrative decision, where the Federal Supreme Administrative Court ruled that the reason for an administrative decision is the set of factual and legal elements that lead the administration to issue its decision, and this reason must be legitimate, meaning it must be in compliance with the law in both form and content, otherwise the decision is flawed.
What Are the Competent Courts for Hearing Annulment Lawsuits in UAE Law?
The competent courts for hearing the annulment lawsuit in UAE law are the ordinary courts. Administrative lawsuits are filed before the Federal Primary Courts in the cities of the Emirates that fall within the scope of federal jurisdiction, while administrative lawsuits in the cities that have not entered the scope of federal jurisdiction are filed before the Local Primary Court, Samaha Legal Consultants, conact us via WhatsApp or Phone +971544447773.
