24However, Article 23(1) of Regulation No 44/2001 clearly indicates that its scope is limited to cases in which the parties have ‘agreed’ on a court. As appears from recital 11 of that regulation, it is that consensus between the parties which justifies the primacy granted, in the name of the principle of the freedom of choice, to the choice of a court other than that which may have had jurisdiction under that regulation (judgment in Refcomp, C‑543/10, EU:C:2013:62, paragraph 26).
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