Pursuit of activities in two or more member states in the EU regulations on social security coordination

overlooked in the fight against social dumping… until now?

Abstract

Posting of workers has been the main protagonist in the conflict rule system lay
down in EU Regulations on social security coordination since the beginning. That is due to the risk of social dumping of this special rule. For this reason, many authors have written about posting and many changes of this rule have been made by the European legislator and the CJEU since the first regulation. However, recent data suggest that this unquestionable role of posting may be losing ground to a secondary character: the rule for the pursuit of activities in several Member States. This seems to be corroborated by the Proposal amending Regulations on social security coordination and the recent CJEU judgement of 20 May 2021 (case C-879/19, Format II).