35In that connection, it should be recalled that a service provider must, in principle, provide a service consistent with that set out in the contract, so that the consequences of a provision of services which does not comply with that contract must be borne by that service provider. It follows that, in order to determine whether the subject matter of the provision of services is the posting of the worker in the host Member State, account must be taken, in particular, of any evidence to indicate that the service provider is not liable for the consequences of a contractual performance which is inconsistent with the supply of services set out in the contract.
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