35It follows from those provisions that classification as ‘permanent pasture’, and consequently, as an ‘agricultural area’, depends on the actual use of the land in question, and that an area must be classified as ‘agricultural’ where, inter alia, it is used as permanent pasture (judgment of 14 October 2010 in Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraph 37).
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