European Market Entry & Corporate Services

Not automatically. EU passporting rights — the ability to operate across member states under a single authorisation — apply only to regulated sectors such as financial services (MiFID II), insurance (Solvency II), and payment institutions (PSD2). For non-regulated commercial activities, a company incorporated in Ireland, Germany, or any other member state can sell goods and services across the Single Market, but establishing a physical presence, employing staff, or holding assets in a second country typically triggers registration obligations in that jurisdiction — including VAT registration if thresholds are exceeded, potential Permanent Establishment risk, and local employment law compliance under the Posted Workers Directive. Multi-country operations require country-by-country assessment rather than a single registration approach.

A branch office is a legally dependent extension of the parent company — it has no separate legal personality, so the parent company bears unlimited liability for branch obligations. Profits are consolidated with the parent and taxed according to applicable double tax treaties. A wholly-owned subsidiary is a separate legal entity (e.g., GmbH, BV, LTD) — it limits parent liability to share capital invested and files its own corporate income tax return in the jurisdiction of incorporation. Under the EU Parent-Subsidiary Directive, dividends paid from a subsidiary to a parent holding at least 10% for 12 months may be exempt from withholding tax. For tax efficiency, subsidiaries are generally preferred for long-term EU operations, particularly where IP holding, profit repatriation planning, and transfer pricing structures are relevant. Branch offices may be appropriate for short-term market testing or where the parent requires direct operational control.

A Permanent Establishment is a fixed place of business — or a dependent agent with authority to conclude contracts — through which a foreign enterprise carries on business in a jurisdiction. Once a PE is triggered, the host country has the right to tax the profits attributable to that establishment under its domestic corporate tax law, subject to any applicable double tax treaty. For foreign companies operating in Europe without incorporating a local entity, PE risk commonly arises from: maintaining an office, warehouse, or server facility; employing staff locally in a dependent capacity; or having agents habitually conclude contracts on the company's behalf. The OECD BEPS Action 7 and the EU's ATAD II have significantly expanded PE definitions, particularly targeting commissionnaire arrangements. PE exposure should be assessed before any commercial activity commences in an EU member state.

The two primary EU immigration routes for senior executives are: (1) the Intra-Corporate Transferee (ICT) Directive 2014/66/EU — applicable to managers, specialists, and trainees being transferred from a non-EU entity to an EU affiliate, subsidiary, or branch for up to three years (managers/specialists) or one year (trainees). ICT permits offer intra-EU mobility to transfer to a second member state after 12 months. (2) the EU Blue Card (Directive 2021/1883) — available to highly qualified third-country nationals with a higher education qualification or five years' relevant professional experience, subject to salary thresholds set nationally (generally 1.0–1.6× the average gross annual salary in the host state). The EU Blue Card offers a faster path to long-term EU resident status and broader intra-EU mobility rights after 12 months. The optimal route depends on salary level, qualifications, intended duration, and the specific national transposition rules in the target member state.

Yes. An EU Trade Mark registered through the EUIPO under Regulation (EU) 2017/1001 provides unitary protection across all 27 EU member states through a single application, single registration, and single renewal. However, a critical risk applies: if the EUTM is found invalid or conflicts with a prior national mark in any one member state, the entire EUTM registration can be invalidated or narrowed. This makes thorough pre-filing clearance searches — across both the EUIPO database and national trademark registries — essential before filing. For brand protection in countries outside the EU (UK post-Brexit, Switzerland, Norway), separate national or international registrations via the Madrid System (administered by WIPO) are required. Patent protection is administered separately through the European Patent Office (EPO) and is not covered by the EUIPO's mandate.