Where a company sues a person who acted as its director and manager in order to establish misconduct in the performance of those duties and obtain redress, Chapter II, Section 5 (Articles 18 to 21) of Regulation No 44/2001 precludes the application of Article 5(1) and (3) - provided that, in that capacity, the person for a certain period performed services for and under the direction of that company in return for remuneration, which is for the referring court to determine.

In a dispute about an employment contract concluded by an embassy on behalf of the sending State, an embassy of a third State located in a Member State counts as an "establishment" if the employee's functions do not fall within the exercise of public powers. It is for the national court seised to determine the precise nature of those functions.

A jurisdiction agreement concluded before a dispute arises is covered in so far as it allows the employee to bring proceedings not only before the courts that would ordinarily have jurisdiction under Articles 18 and 19, but also before other courts, including courts outside the European Union.