Kuwait Court of Cassation principle number 164

Summary: - A licence issued by the administration is an administrative act effected by the decision granting it. Such licence may be amended or revoked whenever a public interest so requires or grounds justifying this arise. - Obtaining a licence to establish or operate a printing press, open premises for selling or renting publications, publishing, distribution or translation, an advertising and publicity office, or an artistic production establishment. Its condition: the applicant must be a Kuwaiti national or a legal person all of whose founders or partners are Kuwaitis. This condition must be satisfied when applying for the licence and upon its renewal. Article 3 of Law 3 of 2006 concerning Publications and Publishing. - Legislation may be repealed only by subsequent legislation expressly so providing or containing a provision inconsistent with it; regulating the subject anew. - Enactment of legislation regulating anew a subject previously regulated by earlier legislation. Its effect: repeal of all provisions contained in that legislation. An example concerning the repeal of Law No. 3 of 1961 concerning Publications and Publishing by Law 3 of 2006: the conditions prescribed by the latter law for a licence applicant and its renewal must be observed. Rule: It is established in the jurisprudence of this Court that a licence issued by an administrative authority is an administrative act effected by the decision granting it, and may be amended or revoked whenever a public interest so requires or grounds justifying this arise. Article (3) of Law No. (3) of 2006 concerning Publications and Publishing provides that (Any person may establish or operate a printing press, open premises for selling or renting publications, publishing, distribution or translation, an advertising and publicity office, or an artistic production establishment in connection with this Law, after obtaining a licence therefor from the competent ministry. The licence applicant must satisfy the following conditions: 1- Be a Kuwaiti national with full legal capacity. 2- ............ 3- ........... 4-........... If the licence applicant is a legal person, all founders or partners must be Kuwaitis, and the foregoing conditions must be satisfied by the person managing the activity. Article (32) of the Law provides for the repeal of Law No. 3 of 1961 promulgating the Publications and Publishing Law. Article (2) of the Kuwaiti Civil Code provides that "Legislation may be repealed only by subsequent legislation expressly providing for its repeal or containing a provision inconsistent with it. If legislation is enacted regulating anew a subject previously regulated by earlier legislation, all provisions contained in that legislation shall be repealed. This means that, in regulating anew licences for premises selling or renting publications, publishing, distribution or translation, advertising and publicity offices, and establishments intended for artistic production, the legislature prohibited non-Kuwaiti natural persons from carrying on their activities. If the licence applicant is a legal person, all founders or partners must be Kuwaitis. Satisfaction of this condition must be verified both upon first licensing and upon renewal of previous licences, even if the Law does not expressly so provide. This follows from the repeal of the previous Publications and Publishing Law No. 3 of 1961, under which the appellant company was licensed. Consequently, when applying to renew its licence, it must comply with the new conditions contained in Article 3 of Law No. 3 of 2006 as indicated. The appellant company's memorandum of association establishes that one of its partners is not Kuwaiti. Accordingly, it may not be licensed to engage in advertising and publicity and artistic production unless it regularizes its position by amending its memorandum of association so that all partners are Kuwaitis. There is no basis for its contention in its grounds of challenge that the provisions of Law No. 32 of 1969 concerning the Granting of Commercial Premises Licences apply, permitting licences to be granted to companies whose members comprise Kuwaitis and non-Kuwaitis.