The EJC ruled on 6 February 2018 that host Member States are not bound by fraudulently obtained E101 (now known as ‘A1’) certificates exempting their holders from the host state’s social security. 

Following this, the courts will be entitled to rule that workers posted from other Member States are subject to the host’s social security regime if they establish fraud and the sending state has failed to reconsider the A1 certificates.

Sophie Maes, partner at Claeys & Engels