ABSTRACT
The applicant, who had a doctorate in law, completed his prescribed period as a pupil avocat in Antwerp in 1957, was entered on the roll and took chambers. In May 1963, the Council of the Ordre des avocats of Antwerp commenced disciplinary action against him for having deliberately given false information to clients. He was struck off the roll on 10 June 1963. The Brussels Court of Appeal affirmed the decision to strike him off and his further appeal to the Court of Cassation was dismissed. He was subsequently prosecuted for fraud and unlawfully holding himself out as an avocat, but was acquitted by the Antwerp Criminal Court on 19 January 1968 and made an unsuccessful claim for compensation. A further prosecution in 1978 for forgery and fraudulent conversion ended in an acquittal on 18 October 1979. He had no criminal convictions. On 3 December 1979, he requested the Council of the Ordre des avocats of Antwerp to restore his name to the roll. The Council dismissed his application, finding that there were no exceptional circumstances to justify restoring his name to the roll. On 9 February 1981, the applicant renewed his application. The Council again dismissed the application, holding that the applicant had not established that there were exceptional circumstances. The decision was served on the applicant on 16 June 1981. The applicant complained that the procedure followed by the Council of the Ordre des avocats of Antwerp when considering his applications for restoration to the roll had infringed A 6. Comm found by majority (10-2) V 6(1).
