A joint venture has establishments in several Member States and decision-making on purposes and means of a processing operation is split across sites. Which approach aligns with main-establishment guidance themes?
Select an answer to reveal the explanation.
Short Explanation
When several kitchens claim to run the same recipe, find the stove where the real joint cooking decisions happen. Main establishment follows effective management of purposes and means, not the oldest letterhead or the biggest headcount. Two ‘mains’ for one processing is not how one-stop-shop is meant to work.
Full Explanation
Main establishment analysis turns on effective and real management of determining purposes and means. EDPB themes (including Opinion 04/2024) emphasise substance over formal labels when decision-making is distributed. Multiple simultaneous main establishments for the same cross-border processing undermine the one-stop-shop model. Incorporation date and headcount are not controlling by themselves.