9Following those decisions, Mr Schneider brought a claim for compensation against the State on the basis of the AHG before the Landesgericht für Zivilrechtsachen Wien in order to obtain compensation for the harm he claims to have suffered. He argued that, in the promotion decisions, account was not taken of reasons specific to him. After his claim was dismissed, he appealed to the Oberlandesgericht Wien, which in turn dismissed his appeal. Mr Schneider then appealed to the Oberster Gerichtshof for ‘Revision’ (judicial review). By decision of 30 January 2001, that court dismissed the appeal. Referring to the Court's case-law on the principle of equal treatment under Directive 76/207 (Case C-450/93 Kalanke [1995] ECR I-3051; Case C-409/95 Marschall [1997] ECR I-6363; Case C-158/97 Badeck and Others [2000] ECR I-1875; and Case C-407/98 Abrahamsson and Anderson [2000] ECR I-5539), it held that, for want of a saving clause, the Austrian measure for women's career advancement was not compatible with Community law. It also held, however, that there was no causal link between the infringement of the law and the alleged harm. It found that Mr Schneider had not put forward any reasons specific to him which, had there been a saving clause, should have been taken into account.
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