63In that regard, it should be noted, first, that Article 2(c) of Regulation No 1120/2009 contains a definition of the concept of ‘permanent pasture’ in terms very similar to those used in point 2 of the first paragraph of Article 2 of Regulation No 796/2004. Second, it is apparent from the case-law of the Court that the decisive criterion for the definition of ‘permanent pasture’ is not the type of vegetation covering the agricultural area, but the actual use of that area for a typical agricultural activity of ‘permanent pasture’. Consequently, the presence of ligneous plants or shrubs cannot, in itself, prevent the classification of an area as ‘permanent pasture’, as long as that presence does not compromise the actual use of that area for an agricultural activity (judgments of 15 May 2019, Greece v Commission, C‑341/17 P, EU:C:2019:409, paragraph 54, and of 13 February 2020, Greece v Commission, C‑252/18 P, EU:C:2020:95, paragraph 50).
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