Judge Jose Castro is leading the investigation at local court in palma deMallorca, in spain balearic Islands.
The magistrate brought preliminary charges against in April last year but they were dropped in May,after prosecutors appealed to a provincial court,citing insufficient evidence.
But Castro continued his investigation and has now decided to bring preliminary charges again. Prosecutors are once more opposing them.
A court spokeswoman confirmed yo CNN on Tuesday that the conflict between Castro and the prosecution would automatically see the issue retuned to the provincial court.
A panel of four judges will then decide whether to uphold the preliminary charges.