Kuwait Court of Cassation principle number 4352

The Court of Cassation's conclusion that what the Ministry of Communications collects for mobile telephone services is not a tax, and therefore does not require issuance of a law, issuance of a decision concerning it by the competent authority being sufficient, and that Ministerial Decision No. 168 of 1997 does not contravene the provisions of Law 79 of 1995 concerning fees and financial charges for the use of public utilities and services. Its effect. The plea that the third paragraph of the aforementioned decision is unconstitutional for violating Article 134 of the Constitution. Not serious. - The difference between the nature of the prepaid service and the nature of the postpaid and pager services, and the nonexistence of that service when Ministerial Decision No. 168 of 1998 was issued. The plea that the said decision is unconstitutional with respect to imposing a service fee on prepayment despite its inapplicability thereto, based on a proposal to impose a fee on that service. Not serious. The basis therefor. Disputing that constitutional issue is neither necessary nor productive for determining the substantive claims.