Kuwait Court of Cassation principle number 889

Decisions issued by the administrative authority to express its will in performing its function. Their issuance by it is based either on discretionary power or on bound power in which there is no freedom of assessment; rather, the action it must take is mandatorily imposed upon it whenever its objective criteria are satisfied. Its decision in this regard is deemed an implementing decision declaring the right that 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 did not leave it freedom of assessment as to granting or withholding. This means: the administrative authority's decision is not an administrative decision creating a legal position, but rather 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 subject-matter jurisdiction of the Administrative Circuit of the Court of First Instance.