Kuwait Court of Cassation principle number 143

Decisions issued by the administrative authority to express its will in performing its function. They are issued either pursuant to discretionary power or bound power involving no freedom of assessment; rather, the action it must take is imperatively imposed upon it whenever its objective criteria are satisfied. Its decision in this regard is an implementing decision declaring the right the individual derives directly from the law, rather than an administrative decision creating a legal position. - The Administrative Circuit. Its jurisdiction. - Law No. 41/1993. It specified for the administrative authority the criteria and standards pursuant to which debts are purchased, in terms of their type and the customers whose debts may be purchased, and left it no discretion as to granting or withholding. This means that the administrative authority’s decision is not an administrative decision creating a legal position, but an implementing decision declaring the right derived from the law. Its decision to refrain from purchasing the debt is therefore not a negative administrative decision, and a challenge thereto falls outside the - 45 - Administrative subject-matter jurisdiction of the Administrative Circuit of the Court of First Instance.