43Although Article 5(1) of Regulation No 44/2001 does not require the conclusion of a contract, it is settled case-law that it is nevertheless essential, in order for that provision to apply, to identify an obligation, since the jurisdiction of the national court under that provision is determined by the place of performance of the obligation in question. Thus, the concept of ‘matters relating to a contract’, within the meaning of that provision, cannot be understood as covering a situation in which there is no obligation freely assumed by one party towards another (judgment of 14 March 2013, Česká spořitelna, C‑419/11, EU:C:2013:165, paragraph 46 and the case-law cited).
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