Lawyer Gerard Sprong is to ask the High Court to reconsider the 2011 case against Geert Wilders for inciting hatred.
Sprong was instrumental in getting the original case heard and was disappointed when Wilders was found not guilty.
Spong told tv programme Pauw & Witteman on Monday evening he has now asked the procurator general to take recourse in the interest of law, a special procedure in which the High Court in hindsight decides if a lower court has explained the law clearly and properly.
The ruling of the earlier case is not affected and there is no question of anti-Islam PVV party leader Wilders being punished.
The lawyer wants a clear ruling on whether Wilders was guilty of discrimination and inciting hatred with an eye to future similar cases, he told the tv programme.
The procurator general refused a similar request last year, but Spong is using a recent report by the Council of Europe to back up his latest effort. That report said the Netherlands is not doing enough to counteract racism.