56In the dispute in the main proceedings, it is common ground that the areas in question were used by Mr Demmer with a view to harvesting grass for the production of feed pellets. It should be clarified in that regard that, as they were being used as ‘permanent pasture’ within the meaning of Article 2(2) of Regulation No 796/2004, which it is for the referring court to ascertain, those areas must be categorised as ‘agricultural’. Classification as ‘permanent pasture’ within the meaning of that provision and, consequently, as an ‘agricultural area’ depends on the actual use of the land in question (see, to that effect, judgment in Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraph 37).
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