Kuwait Court of Cassation principle number 854

Decisions issued by the administrative authority to express its will in performing its function. Their issuance by it is either pursuant to discretionary power or bound power in which there is no freedom of discretion; rather, the action it must take is mandatorily imposed upon it whenever its objective criteria are met, and its decision in this regard is considered an implementing decision declaring the right that the individual derives directly from the law, not an administrative decision creating a legal position. - Law No. 41/1993. Specified for the administrative authority the criteria and standards pursuant to which debts are purchased, in terms of their type and the customers whose indebtedness may be purchased, and did not leave it freedom of discretion as to granting or withholding. The import thereof: the administrative authority's decision is not an administrative decision creating a legal position but an implementing decision declaring a right derived from the law. Thus, its decision to refrain from purchasing indebtedness is not a negative administrative decision, and a challenge thereto falls outside the subject-matter jurisdiction of the Administrative Circuit of the Court of First Instance.