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.