Paris's administrative court has upheld a building permit that was issued in April 2015, rejecting two appeals that had been filled against the building. The court found that the building permit issued in 2015 was not unlawful.
The latest ruling should clear the way for construction to begin on the 180-metre-high tower, which has been caught up in legal battles since 2014.
"The mayor of Paris has not made a manifest error of assessment in considering that the project is not likely to affect the character or interest of neighbouring places and monumental perspectives," said the court, as reported by Le Parisien.
Developer Unibail-Rodamco intends to begin construction of the tower in 2020, with the aim to complete in time for the Olympics in 2024.
It will be the one of a collection of towers over 100 metres to be built in Paris, outside the La Defence business district, since planning rules in the city were recently relaxed.
Dislike of the notorious Tour Montparnasse, which completed in 1973, led to a ban of buildings over seven storeys high in the city being introduced two years after its completion.
Herzog & de Meuron first revealed designs for the triangular-shaped skyscraper in 2008, with the building initially planned to be complete by 2014.
Set to be built alongside the Porte de Versailles square in the Parc des Expositions site, the building's unique form, combined with its trapezoidal footprint, means it will look vastly different dependent on where it is viewed from. Looking from central Paris, the building will appear as a thin tower, however from east and west its full triangular shape will be apparent.
Since it was first conceived, the 42-storey tower has faced numerous delays. Paris city councillors initially rejected the plan in 2014 by a margin of 83 votes to 78, however this vote was deemed illegal by the city major.
A second vote on the building passed in 2015 with a vote of 87 to 74 in favour. A building permit was then issued, but revoked in April 2017 following a legal challenge.
The administrative court has now overturned this decision, seemingly clearing the final hurdle for the project's progress.
The triangular building will contain a 120-room hotel and co-working office space for 5,000 people, alongside a health centre and a daycare.
When built, it will be the third-tallest building within the city limits, with only the Tour Montparnasse and the Eiffel Tower rising higher. The 231-metre-high Tour First in La Defence business district, which was renovated and extended upwards in 2011, will also be higher. Jean Nouvel's Duo Towers, which are currently under construction, will also be 180 metres high.
Tour Montparnasse is being overhauled to make it more sustainable before the city hosts the Olympics in 2024. The project is being completed by Nouvelle AOM, a team made up of three Paris-based firms: Franklin Azzi Architecture, Chartier Dalix and Hardel + Le Bihan Architectes.
Herzog & de Meuron was founded by Jacques Herzog and Pierre de Meuron in 1978. The Swiss studio, which won the Pritzker Prize in 2001, has completed numerous projects around the world including the Birds Nest Stadium in Beijing, for the 2008 Olympics, and the Tate Modern in London.