50In that regard, it should be noted, first, that Article 2(c) of Regulation No 1120/2009 defines the concept of ‘permanent pasture’ in terms very similar to those used in Article 2, first paragraph, point 2, of Regulation No 796/2004. Secondly, it is apparent from the judgment of 15 May 2019, Greece v Commission (C‑341/17 P, EU:C:2019:409), in which the Court interpreted the concept of ‘permanent pasture’ set out in Article 2, first paragraph, point 2, of Regulation No 796/2004, that the decisive criterion in respect of the definition of ‘permanent pasture’ is not the type of vegetation covering the agricultural area, but the actual use of that area for an agricultural activity that is typical for ‘permanent pasture’. Consequently, the presence of ligneous plants or of shrubs cannot, in itself, prevent classification of an area as ‘permanent pasture’, as long as their presence does not compromise the actual use of that area for an agricultural activity (judgment of 15 May 2019, Greece v Commission, C‑341/17 P, EU:C:2019:409, paragraph 54).
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