A pair of judges this week thrilled the eurosceptic press by ruling that EEC fruit marketing standards dating back to 1973 – which specify acceptable curves on bananas and cucumbers – had never actually been incorporated into the UK statute book.

Many players have fallen foul of the 'laws' in the 28 years they were believed to exist, including major multiple Asda – penalised on 14 criminal charges during the period.

One importer told the Journal: 'Now it appears we have been prosecuted and found guilty of contravening a law that didn't exist. We will certainly be investigating into the possibility of overturning the fine.' Fresh Produce Consortium ceo Doug Henderson suggested the ruling could entice businesses rapped in bygone courtrooms to attempt to recover their losses.

When asked whether he expected recovery claims to happen, he said: 'That's an interesting legal point, and those people who had fines will examine that point. It will depend on legal opinion. The law was not actually in place, so it does raise the question concerning those who have been prosecuted and fined in the past.

'The EU marketing standards that apply to 40 fruits and veg have been found to be unenforcable in the UK, because the proper legislative practices have not taken place. Defra are examining the legal consequences of this, and are also examining this from a legislative point of view to bring it in line with the EU,' he added.

The EU marketing standards are deeply unpopular with some segments of the industry – particularly the organic lobby – that believe the rules are obsessed with appearance rather than taste. Organic growers often complain that although their produce may be blemished, it eats incredibly well.

Henderson said: 'Maybe there should be separate marketing standards for organic produce. Marketing standards of shape and appearance is one aspect – there are other aspects of pesticide use and pesticide residues and different standards in different countries.' Partly due to the mainstream press's preoccupation with straight bananas, few consumers realise why the standards came into play in the first place – to protect the public.

The guidelines were drawn up to stop unscrupulous growers producing low-grade fruit and vegetables simply to receive money from the intervention fund.

'They have been helpful as a means of preventing the sale of poor quality produce in the UK,' Henderson said.

He said they had little role in today's market for actually improving across-the-board fruit standards.

'In the UK, with 82 per cent [of produce] going through the multiples, the standards are significantly higher than those required by the EU,' he said. 'Retail involvement in the supply chain is a more effective means of driving-up standards than the marketing standards.' But despite of the europhobic national press schadenfreude surrounding the 28-year-old EEC fudged job, Henderson said the no-man's land of apparent EU lawlessness would not last very long – and would likely be ironed out within a year.

'I suspect this will be a very temporary hiatus,' he said.

Meanwhile, Defra bosses remained tight-lipped on the potential claims crisis their 1970s forebears have caused.

Spokesman Kevin McClare said: 'At the moment we are still digesting what came out of court. We are considering the next step and we haven't got anything to comment until then.'

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