Key legal question
Whether the respondent was covered by Swiss accident insurance as a posted worker when injured in Sweden.
Extracted holding
A worker recruited in a third state for immediate assignment in another member state does not qualify as posted under Art. 14(1)(a) of Regulation No. 1408/71; the applicable law is that of the state of employment, here Sweden.
Extracted reasoning
Posting presupposes continued subjection to the social security system of the state of origin immediately before the posting. The purpose of Art. 14(1)(a) is to maintain an existing insurance connection, not to create a new one through recruitment solely for posting.