34As regards, in the first place, the request for the avoidance of the contract of gift of immovable property, it is clear from the decision to refer that the request is based on the alleged invalidity of the contract on the ground of the incapacity to contract of the applicant in the main proceedings. However, it is settled case-law that it is not sufficient that the action concerns a right in rem in immovable property or that the action have a link with immovable property in order to attract the jurisdiction of the court of the Member State in which the property is situated. On the contrary, the action must be based on a right in rem and not on a right in personam (see, to that effect, order of 5 April 2001, Gaillard, C‑518/99, EU:C:2001:209, paragraph 16).
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