Lech Kaczynski will be taken to court by lesbian and gay groups in the country who believe he discriminated against them by barring the march.
The row took place earlier this year' when Kaczynski refused to allow the gay parade to take place.
He said the parade was a "joke" and that it conflicted with World War II commemorations.
However' in direct rebellion against his wishes' lesbian and gay people across the country formed an unofficial march that was joined by other European politicians and gay advocates from across the continent.
They now say the block on the parade goes against their right to freedom and want the Mayor to face one of Europe's highest courts.
The European Union is yet to confirm whether the case will be heard' although it had pushed for the Polish government to clamp down on homophobia when it signed up to the political bloc.
Additionally' earlier this year a Green party MEP called for the EU to review Poland's membership in light of its anti-gay acts.
"Poland agreed to uphold the European Convention on Human Rights as a condition of EU membership: this applies especially to the rights of minorities and the decisions of provincial and city authorities'" Caroline Lucas said in June.
She said the government must look at how it is dealing with its sexual minorities if it is to avoid "EU censure".
"The EU must take a hard line in defending the rights of minorities within member states' or risk future members citing Poland as an example of an EU member that has been allowed to deny basic human rights to its LGBT minority."
Kaczynski has so far refused to appear concerned about the attacks he has faced.
In light of the gay Pride March in May' he gave his backing to a Normality Parade organised by right-wing 'pro-family' groups a few weeks later.
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