26However, it is nevertheless essential, 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 application of that rule presupposes the establishment of a legal obligation freely consented to by one person towards another and on which the claimant’s action is based (judgment of 8 May 2019, Kerr, C‑25/18, EU:C:2019:376, paragraphs 24 and 25 and the case-law cited).
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