53As the Advocate General stated in point 46 of his Opinion, Mr Spies von Büllesheim and Holterman Ferho Exploitatie freely assumed mutual obligations in that Mr Spies von Büllesheim chose to manage and administer that company, and the company undertook to remunerate him for those services, so that their relationship may be regarded as being contractual in nature, and consequently the action brought by the company against its former manager on the basis of the alleged breach of his obligation to perform his duties properly under company law comes within the concept of ‘matters relating to contract’ for the purposes of Article 5(1) of Regulation No 44/2001.
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