Asda wins fresh produce court battle
EU marketing rules not enshrined in UK law
June 28 2002
Asda has defeated the government in a case which tests controversial EU rules on marketing fresh produce.
DEFRA cited 14 breaches included selling damaged lettuces, failure to mark apples with their variety and failure to classify oranges and lemons.
The rules classifying the shape and size of fresh produce have been widely quoted by the media as an example of alleged over-interference by the EU regulators.
The High Court ruled against the Department for the Environment, Food and Rural Affairs (DEFRA), which claimed the Wal-Mart owned supermarket operator was in breach of EU food marketing regulations. The High Court said the EU regulations dating back to 1973 had never been given legal status in the UK. DEFRA has the right of appeal to the House of Lords.
