Damages for failure to publish inside information without delay

(1) Where an issuer that has approved the admission of its financial instruments to trading on a domestic trading venue, or has applied for their admission to trading on a domestic regulated market or multilateral trading facility, fails to publish without delay, under Article 17 of Regulation (EU) No 596/2014, inside information directly concerning it, it is liable to a third party for the damage arising from that failure, where the third party
1. acquires the financial instruments after the failure and still holds them when the inside information becomes known, or
2. acquires the financial instruments before the inside information arose and disposes of them after the failure.
(2) A person is not liable under subsection (1) who demonstrates that the failure was not due to intent or gross negligence.
(3) The claim under subsection (1) does not exist where the third party knew of the inside information, in the case of subsection (1), no. 1, at the time of acquisition, or, in the case of subsection (1), no. 2, at the time of disposal.
(4) Further claims that may be raised under provisions of the civil law on the basis of contracts or intentional unlawful acts remain unaffected.
(5) An agreement by which claims of the issuer against members of the management board are, in advance, reduced or waived on account of a claim being brought against the issuer under subsection (1), is invalid.