Paul-Albert Iweins, the lawyer representing Mr Herzog, said the case rested only on phone taps... whose legal basis will be strongly contested .
There s not a lot in this dossier, since none of the material elements of what I ve seen, and what we could contest, support the accusations, he added.
The inquiry arose out of a separate investigation into whether Mr Sarkozy had received illegal funding for his election campaign in 2007 from the late Libyan leader, Muammar Gaddafi.
Mr Sarkozy is hoping to challenge again for the presidency in 2017 and the inquiry is seen as a blow to his hopes of returning to office.
Investigators are trying to find out whether Mr Sarkozy, 59, who was president from 2007 to 2012, had promised a prestigious role in Monaco to Mr Azibert, in exchange for information about an investigation into alleged illegal campaign funding.
They are looking into claims that Mr Sarkozy was warned his phone was being bugged as part of the Gaddafi inquiry.
Mr Sarkozy s predecessor, Jacques Chirac, was given a suspended prison sentence in 2011 for embezzlement and breach of trust while he was mayor of Paris but he was never questioned in custody.
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