EIOPA · 3135
Right of Establishment
- Regulation
- (EU) No 2009/138 - Solvency II Directive (Insurance and Reinsurance)
- Article
- Title I, Chapter VIII of Directive 2009/138/EC
- Topic
- Right of Establishment
- Submitted
- 2024-08-01
- Answered
- 2024-10-16
Question
If there is a third country branch authorized in one of the EU member states, can that branch benefit from freedom of establishment and freedom of services in other EU member states?
Answer
This question has been rejected because the answer can be found in the regulatory text. In accordance with Title I, Chapter VIII of Directive 2009/138/EC, only an insurance or reinsurance undertaking with head office within the territory of a Member State can benefit from the right of establishment or freedom to provide services.
This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.
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