Liability for a defective stock exchange admission prospectus

(1) The acquirer of securities admitted to stock exchange trading on the basis of a prospectus in which particulars material to the assessment of the securities are inaccurate or incomplete may, from 1. those who have assumed responsibility for the prospectus, and 2. those from whom the issuance of the prospectus originates, as joint and several debtors, demand the taking-over of the securities against reimbursement of the acquisition price, insofar as this does not exceed the initial issue price of the securities, and of the usual costs connected with the acquisition, provided the acquisition transaction was concluded after publication of the prospectus and within six months of the first admission of the securities. Where no issue price has been set, the price deemed to be the issue price is the first stock exchange price established or formed after admission of the securities, or, in the case of simultaneous establishment or formation on several domestic stock exchanges, the highest such first stock exchange price. The first and second sentences apply 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, insofar as this does not exceed the initial issue price, and the disposal price of the securities, as well as the usual costs connected with the acquisition and disposal. Paragraph 1, second and third sentences apply.
(3) Where securities of an issuer domiciled abroad are also admitted to stock exchange trading abroad, a claim under paragraph 1 or 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) Documents made available under Article 1(5), first subparagraph, points (ba)(iii), (e), (f), (g), (h) or (j)(v) and (vi) of Regulation (EU) 2017/1129 are treated as equivalent to a prospectus.