Tony Nicklinson, a man with locked-In syndrome after a stroke left him paralysed, has won the first round in his right to die case.
Nicklinson, 57, wanted a declaration that any doctor ending his life will have a "common law defence of necessity" against any possible murder charge.
Mr Nicklinson, who is married with two grown-up daughters and lives in Melksham, Wiltshire, sums up his life as "dull, miserable, demeaning, undignified and intolerable".
The decision was announced at the High Court in London by Mr Justice Charles, who on the grounds of necessity ruled that Mr Nicklinson could seek for this to be allowed.
The Judge had been asked to decide on a preliminary "strike out" application in the case made by the Ministry of Justice.
Nicklinson, a former rugby player, suffered a stroke in Athens in 2005 that left him paralysed, though he is not in a vegetative state.
The case will now go to a full trial where all the evidence and issues can be debated.
Mr Justice Charles said that when the case goes to a full hearing Tony Nicklinson will be seeking a declaration that: