Onder 7.18. Gerechtshof Amsterdam 16 juni 2017

“From an economic perspective, whether a share can be considered as qualifying for compensation depends on the timing of its purchase and sale. Shares that were bought at an inflated price but also resold at an equally inflated price do not qualify for compensation. For instance, traders who bought and then resold shares multiple times per day should not be entitled to claim compensation for all the shares that they purchased at an inflated price because they also resold them at an inflated price. Only shares that were bought at an inflated price and held until the date of a corrective disclosure can be claimed to have suffered economic losses from that price inflation. Shares bought during a reference period and held as of the last day of that reference period are called retained shares, and represent the shares that would potentially qualify for compensation.”

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