35Thus, the EU legislature does not attach any importance to which variety of herbaceous forage was actually grown on the land concerned. In particular, that legislation does not require the land concerned to be reseeded with the same variety of herbaceous forage which was previously grown on it. What is important for the classification as ‘permanent pasture’ within the meaning of Article 2(c) of Regulation No 1120/2009 depends on the actual use of the land in question (see, judgment in Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraph 37). Furthermore, neither the change of variety of grass nor the technical procedure used, such as ploughing up or scarification with overseeding has any effect on that classification.
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