Kuwait Court of Cassation principle number 156

The administrative decision over applications for whose annulment or compensation the Administrative Circuit of the Court of First Instance has exclusive jurisdiction. Its nature. - The mere issuance of a decision by an administrative authority does not invariably and necessarily confer upon it the character of an administrative decision. The conditions required therefor. - The legislature’s establishment of a general committee attached to the Council of Ministers, competent to invite tenders for the State and its government bodies, receive and decide upon bids, and award tenders. It did not confer upon it jurisdiction over tenders invited by private legal persons, even if affiliated with the State. Law 37/1964 concerning Tenders, as amended. - 49 - Administrative - Decisions issued by this committee concerning tenders relating to government entities. It issues them in its capacity as a public authority, and they constitute administrative decisions. Decisions it issues outside the scope of its jurisdiction specified in the aforementioned law concerning tenders relating to legal persons that are not public-law persons do not constitute administrative decisions. The rationale. An example of what is not an administrative decision and of the challenged judgment’s departure therefrom and its ruling that the Administrative Circuit has jurisdiction to hear the action on the basis that the challenged decision constitutes an administrative decision.