Judgment_paragraph 66 · Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (C-263/18)

66In the second place, in order to be categorised as a ‘communication to the public’ within the meaning of that provision, the protected works must in fact be communicated to the public (see, to that effect, judgment of 14 June 2017, Stichting Brein, C‑610/15, EU:C:2017:456, paragraph 40 and the case-law cited), that communication being directed at an indeterminate number of potential recipients (judgment of 7 December 2006, SGAE, C‑306/05, EU:C:2006:764, paragraph 37 and the case-law cited).