Palermo, relegated from Serie A last year, finished third despite changing hands three times this season, only to be sent to the bottom this month because of financial and administrative irregularities.
As a result, Foggia moved up from 17th, a direct relegation place, to 16th, which under the original rules would have put them into a two-legged play-off with the team in 15th, Salernitana.
But the league then ruled that the play-off would not take place and Foggia would still go straight down.
Foggia, themselves deducted six points over administrative problems, appealed to a regional court (TAR) and won their case on Friday, forcing the league to set a meeting for June 11 to take the next step -- leaving Salernitana in limbo.
The Serie B season began in chaos when Bari and Cesena were declared bankrupt and Avellino refused a licence.
The league decided to press on with 19 teams but this was challenged by six Serie C teams who wanted a chance to fill the three vacant spots.
The matter was finally settled by an Italian Olympic Committee arbitration panel which agreed on 19 teams -- one month after the league had started.