Kuwait Court of Cassation principle number 1808

The Municipality's competence, pursuant to its Establishment Law No. 15 of 1972(*) – which governs the facts of the dispute – and Minister of Municipal Affairs Decision No. 26 of 1992 concerning establishments, issued in implementation thereof, to supervise public establishments and establishments disturbing comfort and harmful to health, and to monitor implementation of the laws and regulations concerning them in cooperation with the other relevant authorities. Reason therefor: verifying that these establishments satisfy the conditions necessary to carry on their activity in accordance with the laws and regulations governing that activity at the time they obtain the requisite licence from the competent authority. The Municipality has authority to close an establishment proven to be carrying on its activity without obtaining a licence therefor from the competent authority. The Municipality's competence concerning administrative closure of establishments – in the sphere of administrative policing – does not conflict with the competence of the other administrative authorities competent to grant licences to carry on the activity. The challenged judgment's departure from this view. An error in the application of the law that vitiates it and requires its cassation. - 522 - Administrative Auctions and Tenders