UNDERTAKINGS AND SOCIAL SECURITY ORGANIZATIONS .
11 BUT FOR THIS EXCEPTION, AN UNDERTAKING ESTABLISHED IN THE TERRITORY OF A MEMBER STATE WOULD BE REQUIRED TO REGISTER ITS WORKERS, NORMALLY SUBJECT TO THE SOCIAL SECURITY LEGISLATION OF THAT STATE, WITH THE SOCIAL SECURITY SYSTEM OF OTHER MEMBER STATES WHERE THEY WERE SENT TO PERFORM WORK OF SHORT DURATION .
12 MOREOVER, THE WORKER WOULD SUFFER MORE OFTEN THAN NOT BECAUSE NATIONAL LEGISLATIVE SYSTEMS GENERALLY EXCLUDE SHORT PERIODS FROM CERTAIN SOCIAL BENEFITS .
13 IT IS MAINTAINED THAT, SINCE THE OBJECT OF THE UNDERTAKING IS NOT TO DO WORK BUT TO ENGAGE WORKERS TO PUT THEM FOR A CONSIDERATION AT THE DISPOSAL OF OTHER UNDERTAKINGS, THE SENDING OF WORKERS TO UNDERTAKINGS IN OTHER MEMBER STATES CANNOT BE EQUATED WITH THE POSTING OF WORKERS ABROAD PROVIDED FOR IN ARTICLE 13 ( 1 ) ( A ) OF REGULATION NO 3 .
14 THE SOLE FACT THAT A WORKER HAS BEEN ENGAGED TO WORK IN THE TERRITORY OF A MEMBER STATE OTHER THAN THAT IN WHICH THE UNDERTAKING WHICH ENGAGES HIM IS ESTABLISHED CANNOT OF ITSELF RULE OUT THE APPLICATION TO SUCH WORKER OF THE PROVISIONS OF THE ABOVEMENTIONED ARTICLE 13 ( 1 ) ( A ).
15 SINCE THE ACTIVITY OF THE UNDERTAKING WHICH ENGAGES THE WORKER TAKES PLACE IN THE MEMBER STATE WHERE IT HAS ITS ESTABLISHMENT, ARTICLE 13 ( 1 ) ( A ) APPLIES BY REASON OF THE FACT THAT THE WORKER IS ATTACHED TO THAT UNDERTAKING AND THERE IS NO NECESSITY TO ENQUIRE WHETHER THE OBJECT OF THE UNDERTAKING IS TO DO WORK OR NOT .
16 THE REFERENCE MADE BY ARTICLE 13 ( 1 ) ( A ) TO THE ESTABLISHMENT SITUATED IN THE STATE WHERE THE UNDERTAKING IS ESTABLISHED AND TO WHICH THE WORKER IS ATTACHED IS MEANT ESSENTIALLY TO LIMIT THE APPLICABILITY OF THAT PROVISION TO THOSE WORKERS ENGAGED BY UNDERTAKINGS NORMALLY PURSUING THEIR ACTIVITY IN THE TERRITORY OF THE STATE IN WHICH THEY ARE ESTABLISHED .
17 IN THE LEGAL FRAMEWORK OF THE PRESENT CASE, THE UNDERTAKING WHICH HAS ENGAGED THE WORKERS REMAINS THEIR SOLE EMPLOYER .
18 THE MAINTENANCE OF THE WORKER' S RELATIONSHIP WITH SUCH AN EMPLOYER FOR THE ENTIRE DURATION OF THE EMPLOYMENT ARISES IN PARTICULAR FROM THE FACT THAT IT IS THE EMPLOYER WHO PAYS THE SALARY AND CAN DISMISS HIM FOR ANY MISCONDUCT BY HIM IN THE PERFORMANCE OF HIS WORK WITH THE HIRING UNDERTAKING .
19 FURTHER THE HIRING UNDERTAKING IS INDEBTED NOT TO THE WORKER BUT ONLY TO HIS EMPLOYER .
20 IN CONSEQUENCE IT MUST BE RECOGNIZED THAT THE WORKER HAS PERFORMED WORK WITHIN THE MEANING OF THE ABOVEMENTIONED ARTICLE 13 ( 1 ) ( A ) WITH THE HIRING UNDERTAKING FOR THE UNDERTAKING WHICH ENGAGED HIM .
21 THIS INTERPRETATION IS MOREOVER IN ACCORDANCE WITH THE ABOVEMENTIONED OBJECTIVES .
Decision on costs
22 THE COSTS INCURRED BY THE COMMISSION, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, IN SO