Question ID: 3135
Regulation Reference: (EU) No 2009/138 - Solvency II Directive (Insurance and Reinsurance)
Topic: Right of Establishment
Article: Title I, Chapter VIII of Directive 2009/138/EC
Status: Rejected
Date of submission: 01 Aug 2024
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?
EIOPA 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.