Judge Gerard Hogan will give his ruling on Wednesday morning – a broadcast ban kicks in later.
The Donegal TD’s lawyers said that the statement was seized upon by the media and has had a major impact on public understanding of the issue.
Latest polls show 60% of people in favour of the Stability Treaty – with 40% against, though No campaigners believe many of those who haven’t decided will vote No on Thursday.
Doherty’s lawyers say the impartial Commission blundered in its assessment which was later corrected on its website but claims it failed to properly publicise the correction.
Minister for European Affairs, Lucinda Creighton accused Sinn Féin of making a mockery of the legal system.
She described the legal challenge as “a cynical and frivolous and a pathetic attempt to garner attention” before the media blackout, which is due to kick in at Wednesday lunchtime.
Earlier Gerry Adams explained the reason for the legal move.
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