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An annulment lawsuit aims at contesting an administrative decision, whether
individual or regulatory, to reveal its deficiencies. The plaintiff shall have a
personal interest on which the decision has a direct effect by having canceled
or modified his legal status.
Further,
although a general regulatory decision may be contested; however, in such case
an individual decision issued in implementation of said regulatory decision
shall be contested. Should there be no individual decision, the lawsuit shall be
dismissed.
Whereas
in the facts as apparent in the contested judgment and all documents of the
Appeal, the Appellant has filed Lawsuit No. 318 of 2017 (administrative –
plenary) to request the annulment of Decision of the Minister of Justice No. 972
of 2017 on the Implementing Regulation of Federal Law No. 23 of 1991 Regulating
the Legal Profession; and by way of explanation of his lawsuit, he stated that
he is a licensed lawyer authorised to plead before the courts of the State in
all stages of litigation, and he was surprised by the issuance of Ministerial
Decision No. 972 of 2017 on the Implementing Regulation of the Law Regulating
the Legal Profession, and that the aforementioned Regulation has violated some
of the provisions prescribed in the Law, which is deemed as violation of the
Constitution and the Civil Transactions Law, and it would be impossible to
implement some of the articles in factual and legal terms, in addition to the
fact that the entity having issued the decision has no competence over the
matter; thus the lawsuit was filed. Moreover, the Court of First Instance has
ruled in the session dated 29/5/2018 to reject the lawsuit. The Appellant has
filed an appeal against that ruling under No. 131 of 2018. Abu Dhabi Court
Federal Appeal Court has ruled on 29/10/2019 to annul the first-instance
judgment and ruled once again to dismiss the Lawsuit, thus the appeal was filed
and was brought before the present Court in the deliberation room, where it
decided to hear same in a session, and today’s session was set for a
sentencing hearing.