Lux, one of the owners of the Renault F1 team, issued a statement last night after a showdown with Sutil at the M1nt private club in Shanghai after the China Grand Prix.
At that time, following the incident, official spokesman from the FIA, had stated that they are not investigating the matter and aren't going to take any further action against Sutil.
A Lotus Renault team spokesman had also said at the Turkey GP: "Lotus Renault GP is however not in a position to make any comments, as it is a private matter between Eric Lux and the other person."
But the matter seems to have taken a new turn with Lux threatening to file a complaint against the German.
"In the view of the recent events which occurred in Shanghai on 17 April, Mr Eric Lux has decided today May 16, 2011, to file a criminal complaint against Mr Adrian Sutil for physical assault and grievous bodily harm. As soon as the complaint is registered, the F?d?ration Internationale de l?Automobile (FIA) and the team Force India will be notified" Lux added," Lux's lawyer said in a statement.
"Furthermore, please note that Mr Eric Lux does not exclude commencing an action against any other persons involved in this matter," he added.
A spokesman from Force India said, "it is a private matter between the parties involved and we don't have any information on that, so we don't want to make any comment."
Lux was apparently injured by a broken champagne glass and a wound to the neck required 24 stitches, according to an Italian website.
The background of the altercation is not known yet but Sutil has maintained that the that Lux's injuries occurred by accident and he did not deliberately wound him.
The last time an incident like this occurred was when Belgian driver Bertrand Gachot was found guilty in a London court of assaulting a taxi driver in 1991 and was prevented prevented from attending the Grand Prix of Belgium.
In the event of a civil conviction, Sutil's F1 super license could be at risk and he could temporarily lose his job with the team. Prior to this civil court judgement, neither the FIA nor Bernie Ecclestone are investigating the matter.