Anna Cudna-Wagner

Anna Cudna-Wagner

Partner

CMS Cameron McKenna Nabarro Olswang Pośniak i Sawicki sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English

Anna Cudna-Wagner specialises primarily in disputes relating to the banking sector and competition law. She has many years of experience in representing business clients in civil and commercial disputes before common courts and arbitration tribunals. Anna has represented entities from the financial services sector in collective actions and individual client actions. She also represented clients before the Court of Competition and Consumer Protection in competition law and consumer protection cases, practices that violate collective consumer interests and practices restricting competition. Anna is also experienced in disputes concerning the protection of intellectual property. The international publishers Chambers and Legal 500 recommend Anna in the area of dispute resolution.

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Relevant experience

  • mBank, BNP Paribas, BZ WBK, Bank Millennium and DNB Nord in a series of disputes (since 2008, circa 50 disputes) regarding the settlement of foreign currency exchange options (FX), currency interest rate swaps (CIRS) and other financial instruments.
  • mBank, BNP Paribas, BZ WBK, Bank Millennium and PKO BP in a series of disputes regarding mortgage loans indexed to CHF (3 class action proceedings and circa 80 individual cases).
  • Two banks (creditors) in 5 bankruptcy proceedings.
  • A telecommunications company in a precedent-setting case involving a lawsuit brought by a competitor for compensation in connection with allegations of abuse of their collective dominant position.
  • CCC S.A. in several disputes initiated by its competitors regarding: alleged community trademark infringements; alleged acts of unfair competition and copyright infringements; improper performance of a licence agreement.
  • Syngenta in a court case against a parallel importer in relation to the unauthorized use of the client’s trademarks.
  • Leading Polish banks in several disputes before an arbitration panel (Court of Arbitration at the Polish Bank Association in Warsaw) in relation to foreign currency exchange derivatives offered by the banks to those clients (incl. FX Options and CIRS).
  • A construction company before an arbitration panel (Court of Arbitration at the Polish Chamber of Commerce in Warsaw) in relation to claims for remuneration (FIDIC contract).
  • BZ WBK Bank in relation to an appeal against a decision by the President of the Office of Competition and Consumer Protection on imposing a fine for a misleading advertising campaign.
  • Several banks in a series of disputes relating to abusive clauses.
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Education

2005 – Legal Advisor, District Chamber of Legal Advisors in Warsaw, Warsaw

2000 – M.A., Law and Administration, University of Warsaw, Warsaw

2000 – Diploma, English and European Union Law Course, University of Warsaw, Warsaw

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Memberships

Member - Warsaw Chamber of Legal Advisors
Member - the Competition Law Association
Arbitrator - Lewiatan Court of Arbitration

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Publications

4 July 2017 - Courts do not support extreme solutions, co-author, Rzeczpospolita
30 June 2017 - It is easier to compensate for the faults of the cartel, Rzeczpospolita
27 June 2017 - Sanctions for violation of competition law: It is easier to prove price collusion – interview,
1 September  2015 - Who will bear the financial consequences of aiding the franc debtors,  Rzeczpospolita
4 February 2015 - Rebus sic stantibus and the Swiss franc, Rzeczpospolita
7 January 2015 - Premature joy of the borrowers, Rzeczpospolita
14 November 2013 - There is no basis for questioning the franc loans, Rzeczpospolita,  Rzeczpospolita
14 November 2013 - A class action lawsuit may not be a solution to the franc problem, Rzeczpospolita

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Lectures list

Lecturer in civil procedure law at the Chamber of Legal Advisers in Warsaw since 2009

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Expertise