Ifthe CommissionandEuropeanUnionmember statesdeemedFrance'sargumentsinvalid, France would probablyreceive anorderto liftits ban, a decision itcouldthenappeal.
One of the men jailed over the Facebook messages after admitting an offence under the Serious Crime Act of intentionally encouraging another to assist thecommission of an indictable offence is toappeal against his sentence.
As the case has already been heard at the Court of Appeal, the lawyers say they will go tothe Criminal Cases Review Commission, which investigates alleged miscarriages of justice.
They set out some of the reasons why the Scottish Criminal Cases Review Commission referred the case totheAppeal Court, along with additional arguments.