33In that connection, it must be observed, first, that the concept of ‘matters relating to contract’ within the meaning of Article 5(1)(a) of Regulation No 44/2001 is not to be understood as covering a situation in which there is no obligation freely assumed by one party towards another. Therefore, the application of the rule of special jurisdiction provided for matters relating to a contract in Article 5(1)(a) of Regulation No 44/2001 presupposes the establishment of a legal obligation freely consented to by one person towards another and on which the claimant’s action is based (see, as regards the interpretation of the Brussels Convention, Case C-27/02 Engler [2005] ECR I-481, paragraphs 50 and 51, and Case C-419/11 Česká spořitelna [2013] ECR, paragraphs 46 and 47 and the case-law cited).
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