Judgment_paragraph 27 · UB v VA and Others (C-493/18)

27With regard to the first criterion, in order to determine whether an action derives directly from insolvency proceedings, it should be noted that it is clear from the Court’s settled case-law that the decisive factor for determining the area within which an action falls is not the procedural context of the 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 derives from the ordinary rules of civil and commercial law or from derogating rules specific to insolvency proceedings (see, to that effect, judgment of 9 November 2017, Tünkers France and Tünkers Maschinenbau, C‑641/16, EU:C:2017:847, paragraph 22 and the case-law cited).