The scheme was supposed to launch last year, but organisers announced a last-minute delay, which they blamed on Hurricane Sandy disrupting final tests.
There was a last-minute effort on Tuesday by some EU politicians to delay the court ruling, but those efforts quickly failed and the ruling will occur Wednesday.
The automatic spending cuts were originally set to take place on 1 January, before Congress passed a last-minute deal to prevent tax rises on most Americans and delay the cuts for two months.