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Article 33 - Jurisdiction.
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1. An action for damages must be brought, at the option of the
plaintiff, in the territory of one of
the
States Parties, either before the court of the domicile of the carrier or of
its principal place of
business,
or where it has a place of business through which the contract has been made
or before
the
court at the place of destination.
2. In respect of damage resulting from the death or injury of a
passenger, an action may be
brought
before one of the courts mentioned in paragraph 1 of this Article, or in the
territory of a
State
Party in which at the time of the accident the passenger has his or her
principal and
permanent
residence and to or from which the carrier operates services for the carriage
of
passengers
by air, either on its own aircraft or on another carrier's aircraft pursuant
to a
commercial
agreement, and in which that carrier conducts its business of carriage of
passengers
by
air from premises leased or owned by the carrier itself or by another carrier
with which it has
a
commercial agreement.
3. For the purposes of paragraph 2,
(a) "commercial agreement" means an
agreement, other than an agency agreement, made
between
carriers and relating to the provision of their joint services for carriage
of passengers by
air;
(b) "principal and permanent
residence" means the one fixed and permanent abode of the
passenger at the time of the accident. The nationality of the passenger shall
not be the
determining factor in this regard.
4. Questions of procedure shall be governed by the law of the court
seized of the case.
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