Judgment_paragraph 28 · Comité d’entreprise de Nortel Networks SA and Others v Cosme Rogeau liquidator of Nortel Networks SA and Cosme Rogeau liquidator of Nortel Networks SA v Alan Robert Bloom and Others (C-649/13)

28Finally, the Court has adopted as the decisive criterion for identifying the area within which an action falls not the procedural context of that action, but its legal basis. According to that approach, it must be determined whether the right or the obligation which forms the basis of the action has its source in the ordinary rules of civil and commercial law or in derogating rules specific to insolvency proceedings (judgment in Nickel & Goeldner Spedition, C‑157/13, EU:C:2014:2145, paragraph 27).