"This annotation seeks to explore the possible implications of the Bosmann ruling in respect of the relationship between the lex loci laboris rule, a Union choice-of-law rule, under Regulation 1408/71 and now Regulation 883/2004, and the Treaty provisions on the free movement of persons. The reasoning of the Court in its ruling appears to be questionable and could be interpreted as having far-reaching consequences with regard to the role of the lex loci laboris rule and its exclusive effect in the coordination of national social security legislations. Not only does it sit uneasily with the previous rulings, furthermore, among other possible ways, it could also be understood as confirming the subordination of the lex loci laboris rule to the Treaty provisions on the free movement of persons and, thus, extending the so-called binary approach with regard to the choice-of-law rules that determine the applicable national social security legislation under these Regulations."

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