5.7.4 Damages in regard to claims based on the Stock Exchange Act

On the basis of section 44(1) of the Stock Exchange Act, the investor can claim within six months from the admission to listing restitution of the cost price. If the investor is still holder of the securities, the securities sales contract is rescinded and the securities are returned to the contractual counterparty, either the issuer or the sponsoring bank. The investor cannot remain holder of the securities and claim the difference between the cost price and the theoretical market price that would have existed in case true and für information had been provided to the market participants.1 If the investor no longer holds the securities, because of a resale within the six months period the amount of damages is the difference between the purchase price and the sales prices plus the usual costs associated with these securities transactions.2