Olivier Morice told AFP that investigating magistrates in the "Karachi Affair" want the Cour de Justice de la Republique (CJR), which hears cases of ministerial misconduct, to take up the case.
They also want the CJR to summon Sarkozy, who was budget minister in 1994 when the sales took place, as an "assisted witness" -- a status that implies he could face charges.
French investigators suspect a web of corruption behind the 1994 sale of submarines to Pakistan and frigates to Saudi Arabia, with illegal funds going to fund former prime minister Edouard Balladur's 1995 presidential bid.
In more serious but harder to prove allegations, magistrates are also probing whether a 2002 Karachi bombing that killed 11 French engineers was revenge for the cancellation of bribes secretly promised to Pakistani officials.
Morice, who represents family members of the bombing victims, said the decision to pass on the case to the CJR was a sign it was moving to the next level.
He said the request for Sarkozy to be heard also indicated that he is "by no means exonerated" in the case.
It is only one of a number of cases involving Sarkozy, who was questioned by judges last year about accusations his 2007 election campaign was financed with funds secured illegally from L'Oreal heiress Liliane Bettencourt.
Sarkozy was deeply unpopular when he was defeated in 2012 but has since been touted for a potential comeback as Hollande's approval ratings have fallen to record lows.
Sarkozy, who lost his immunity from prosecution after leaving office, has not ruled out another bid for the presidency in 2017 and has denied any wrongdoing in the many cases.
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