37Similarly, the interpretation according to which a person recruited with a view to being posted to another Member State must already have been subject to the legislation of the Member State of the employer which posted him in order for him to be covered by Article 12(1) of Regulation No 883/2004, which derogates from the general rule laid down in Article 11(3)(a) of that regulation, is also confirmed by the objectives pursued by Article 12(1) thereof.
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