Liability for a missing prospectus

(1) Where a prospectus has not been published contrary to Article 3(1) of Regulation (EU) 2017/1129, the acquirer of securities may demand from the issuer and the offeror, as joint and several debtors, the taking-over of the securities against reimbursement of the acquisition price, insofar as this does not exceed the initial acquisition price, and of the usual costs connected with the acquisition, provided the acquisition transaction was concluded before publication of a prospectus and within six months of the first public offer domestically. The first sentence applies accordingly to the acquisition of securities of the same issuer that cannot be distinguished from the securities named in the first sentence by their features or otherwise.
(2) Where the acquirer is no longer the holder of the securities, the acquirer may demand payment of the difference between the acquisition price and the disposal price of the securities, as well as the usual costs connected with the acquisition and disposal. Paragraph 1, first sentence applies accordingly.
(3) Where securities of an issuer domiciled abroad are also publicly offered abroad, a claim under paragraph 1 or paragraph 2 exists only where the securities were acquired on the basis of a transaction concluded domestically, or of an investment service provided wholly or partly domestically.
(4) The claim under paragraphs 1 to 3 does not exist where the acquirer was aware, at the time of acquisition, of the obligation to publish a prospectus.