49It should be emphasised here that, as is apparent from Article 12(3)(b) of Regulation No 2201/2003 — which in any event makes the applicability of the prorogation of jurisdiction provided for by that paragraph conditional not only on the acceptance, expressly or otherwise in an unequivocal manner, of prorogation by all the parties to the proceedings at the time the court is seised, but also on the jurisdiction of the courts of the Member State chosen being in the best interests of the child — recourse to that prorogation cannot in any case be contrary to those best interests.
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