The former Renault boss, who is a co-owner of Championship club QPR, will challenge his lifetime ban from motor racing, imposed by the FIA, in a November 24 hearing in the French courts.
Briatore was handed the suspension by the World Motor Sport Council for his part in the Singapore Grand Prix crash scandal of last year and the lifetime ban appears to put him in direct violation of the League's 'fit and proper person test'.
The test stipulates that an owner, prospective owner or director of a club should not be "subject to a ban from a sports governing body relating to the administration of their sport".
A Football League statement issued on Tuesday read: "The Football League has noted the decision by Queens Park Rangers director Flavio Briatore to commence legal proceedings against the FIA in the French Courts.
"Lord Mawhinney, chairman of the Football League, met with Mr Briatore on Friday, where they discussed the recent decision of the World Motor Sport Council.
"Mr Briatore informed Lord Mawhinney of his intention to take legal action against the FIA.
"The Football League will now await the Court decision before taking any further action."