Court Rules On "Principal And Permanent Residence" Under MC Article 33

Judy Nemsick is a Partner in Holland & Knight's New York office

In personal injury or death cases, Article 33 of the Montreal Convention provides five jurisdictions in which an action against the airline can be brought: (1) an air carrier's place of domicile; (2) an air carrier's principal place of business; (3) the place of contract; (4) the place of destination; and (5) the passenger's "principal and permanent residence," which is defined as "the one fixed and permanent abode of the passenger at the time of the accident." Art. 33 (3)(b). Courts in the US have interpreted the "fifth jurisdiction" as akin to domicile, requiring an evaluation of the objective facts surrounding the alleged residence and the plaintiff's subjective intent to remain in that residence.