Sarkozy and former budget minister Eric Woerth have both appealed to the Court of Cassation, France's highest court for civil and criminal matters, to overturn a September 24 ruling by a lower court that key medical evidence in the case was admissible.
The appeal does not necessarily put the broader case on hold. Following the failure of the earlier appeal, the examining magistrates in charge of the case are entitled to send the former president for trial at any time, although they can also opt to wait and see what the Court of Cassation decides.
The charges against him are founded on a medical report which states that Bettencourt, now 90, had suffered from dementia since at least 2006.
Sarkozy's lawyers had challenged the validity of the medical evidence on a procedural point, arguing that the legal-medical expert who wrote the report was a close friend of one of the examining magistrates in charge of the case, and therefore not neutral.
That argument was rejected and will only be reexamined if the Court of Cassation agrees to hear Sarkozy and Woerth's appeal. If it does, legal experts say it will be at least six months before any decision is made.
A total of 12 people have been charged with various offences in the case but public prosecutors do not believe the evidence against six of them, including Sarkozy, is sufficiently compelling to make a conviction likely.
The prosecutors recommended dropping the charges against the six but their advice was ignored by the magistrates, which has fuelled accusations they are pursuing a politically motivated case against the former president.
