26In the first place, it must be observed that the provisions of Article 23(1) of the Brussels I Regulation clearly indicate that its scope is limited to cases in which the parties have ‘agreed’ on a court. As appears from recital 11 in the preamble to 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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