29The Court has held with regard to Article 17, first sentence, of the Brussels Convention that, by making the validity of a jurisdiction clause subject to the existence of an ‘agreement’ between the parties, that provision imposes on the court before which the matter is brought the duty of examining, first, whether the clause conferring jurisdiction upon it was in fact the subject of consensus between the parties, which must be clearly and precisely demonstrated, and that the requirements as to form imposed by Article 17 ensure that consensus between the parties is in fact established (see judgment in MSG, C‑106/95, EU:C:1997:70, paragraph 15 and the case-law cited).
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