(1) Whoever, while acting with intent or negligently, engages in an illegal commercial practice pursuant to section 3 or section 7 is obliged to compensate competitors for the damage arising therefrom.
(2) Whoever, while acting with intent or negligently, engages in an illegal commercial practice pursuant to section 3 and thereby causes consumers to take a transactional decision which they would otherwise not have taken is obliged to compensate the damage arising therefrom. This does not apply to illegal commercial practices pursuant to sections 3a, 4 and 6 and no. 32 in the Annex.
(3) The compensation claim under subsections (1) and (2) may be asserted against persons responsible for periodical printed matter only in the case of an infringement while acting with intent.