Damages for the publication of untrue inside information

(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, publishes, in a notice under Article 17 of Regulation (EU) No 596/2014, untrue inside information directly concerning it, it is liable to a third party for the damage arising from the third party's reliance on the accuracy of the inside information, where the third party 1. acquires the financial instruments after the publication and still holds them when the inaccuracy of the inside information becomes known, or 2. acquires the financial instruments before the publication and disposes of them before the inaccuracy of the inside information becomes known.
(2) A person is not liable under subsection (1) who demonstrates that they did not know of the inaccuracy of the inside information, and that this lack of knowledge was not due to gross negligence.
(3) The claim under subsection (1) does not exist where the third party knew of the inaccuracy 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.