37It follows from the provisions referred to in paragraphs 32 to 36 of the present judgment that classification as ‘arable land’ or ‘permanent pasture’ and, consequently, as ‘agricultural area’, depends on the actual use of the land in question. Thus, an area must be classified as agricultural where is it used as arable land or permanent pasture within the meaning of Article 2 points (1) and (2) of Regulation No 796/2004.
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