The European Court of Justice (ECJ) will decide whether the UK can withdraw its decision to leave the EU without needing approval from Brussels.
Two Scottish MEPs and two MSPs argue the UK should try to establish a legal right to stop Brexit regardless of whether the rest of the EU members agree.
A Scottish court raised the case by asking for a ruling to clarify the interpretation of Article 50 of the EU treaty.
The case was brought forward by a group of four politicians, David Martin, a Scottish Labour MEP, Alyn Smith, an SNP MEP and Andy Wightman and Ross Greer, both Green MSPs at Holyrood.
No country has left the EU before so the exact meaning of Article 50 of the Lisbon Treaty has never been tested.
It is not known when the ECJ will deliver a final ruling but it will hear the case on November 27.
Prime Minister Theresa May insisted the UK will leave the EU in March 2019 but she faces a challenge to get MPs and the public behind the deal.
Philippe Lamberts, a member of the European Parliament’s Brexit steering group has said Brexit can be reversed during the transition period.
He made the claim saying: “I think the first step towards the possible reentry of the United Kingdom to the European Union would be a withdrawal agreement because a withdrawal agreement creates a transition period practically nothing changes, the UK behaves as part of the European Union.
“During that transition period there’s a possibility for public opinion to shift.”
Brexiteers have been outraged at claims the UK will not leave when Article 50 expires on March 29 2019, as well as demands for a second vote.
In response to a letter from 70 of the top business chiefs to the Government demanding a second vote, MP Douglas Cardwell said: “Continuity Remain. They despise the views of ordinary folk.”
Theresa May has also made it clear asking the public to vote again would be a betrayal of the public’s trust.
Shadow Brexit Secretary Keir Starmer has headed to Brussels today where he hopes to warn both sides of the problems a ‘blind Brexit’ will bring.