44In that regard, the Court has stated, first, that the concept of ‘public’ encompasses a certain de minimis threshold, which excludes from the concept groups of persons which are too small, or insignificant. Second, in order to determine that number, the cumulative effect of making the works available to potential recipients should be taken into account. Thus, it is relevant to know not only how many persons have access to the same work at the same time, but also how many of them have access to it in succession (see, to that effect, judgments of 15 March 2012, Phonographic Performance (Ireland), C‑162/10, EU:C:2012:141, paragraph 35; of 27 February 2014, OSA, C‑351/12, EU:C:2014:110, paragraph 28; and of 31 May 2016, Reha Training, C‑117/15, EU:C:2016:379, paragraph 43 and the case-law cited).
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