The High Court had granted two obstetricians leave to seek a judicial review of a Medical Council finding of Professional Misconduct.
In 1998 Professor Walter Prendiville and Dr John Murphy exonerated Dr Michael Neary after reviewing nine cases of caesarean hysterectomies performed by the disgraced obstetrician in the Lourdes Hospital in Drogheda.
The Medical Council subsequently found the two guilty of professional misconduct but imposed no sanctions.
Under existing legislation doctors found guilty of professional misconduct, but with no sanctions imposed, have no right of appeal against the council's findings.
In his ruling Mr Justice Peter Kelly said both men had made an arguable case on procedural, constitutional and human rights grounds to justify such a review.
The case is listed for early June.
