Kuwait Court of Cassation principle number 152

An administrative decision is the administration’s expression of its will inherent in producing a particular legal effect that is possible and permissible, in pursuit of a public interest. - Characterization of a decision issued by an administrative authority as an administrative decision. Its condition. That it be such according to its subject matter and substance. A decision relating to a matter of private law or the management of the property of a private legal person. Its implication. Its exclusion from the category of administrative decisions, whatever its source and position. The effect thereof. The administrative authority may not unilaterally enforce that decision by means of direct enforcement. - Decisions issued by the General Committee attached to the Council of Ministers pursuant to Law 37 of 1964 concerning tenders. They are administrative decisions if they relate to tenders of the State and its governmental agencies. The reason: they are issued by it in its capacity as a public authority. Its decisions concerning tenders relating to private legal persons are not considered persons of private law, and its decisions are not considered administrative decisions. The reason for this. - Kuwait National Petroleum Company. Its articles of association contain no grant to it of any characteristics or privileges of public authority. The effect thereof. It is considered a person of private law, and its decisions are not considered administrative decisions. The reason for this. - 48 - Administrative