Málaga City Council has imposed over 35,000 fines in the Low Emission Zone, despite a court partially annulling the ordinance. The opposition demands a suspension of the penalties until the regulations are adjusted.
Málaga City Council has exceeded 35,000 fines for accessing the Low Emission Zone (ZBE) without authorisation, according to data provided by the governing team in response to questions from the Con Málaga group. The number continues to grow despite the fact that the Contentious-Administrative Court number 4 of Málaga partially annulled the ordinance on June 10, considering that it discriminated against vehicles not registered in the city.
The ruling, which can be appealed, is not final, and the council has opted to maintain the penalty regime until a definitive resolution is reached. In May alone, 4,334 fines were referred to the company Gestrisam for processing. Most of those fined are drivers from outside Málaga city, the only ones who can be penalised under the current ordinance.
The opposition demands a halt to the penalties
The deputy spokesperson for Con Málaga, Toni Morillas, has urged the mayor, Francisco de la Torre, to immediately suspend the penalty regime. According to Morillas, the fines could generate revenue of between 3.5 and 7 million euros, an amount that, in her opinion, should be entirely allocated to sustainable mobility.
“The penalty regime must be suspended following the ruling that suspended some of the issues related to the low emission zone,” Morillas stated.
The councillor reminded that the mayor promised in his 2023 electoral programme 5,000 parking spaces at the city’s access points, a measure she considers key to providing real alternatives to private vehicles. “He has not fulfilled any,” she complained.
A legal conflict affecting thousands of drivers
The ZBE of Málaga, implemented in 2024, restricts entry to vehicles without an environmental label that are not registered in the city. The court's ruling considers that this regulation violates the principle of equality by treating residents and non-residents differently. However, the City Council maintains that the zone remains in force and that the fines are legal while the ruling is not final.
For residents of the capital, the situation creates uncertainty: those who receive a fine do not know if they will ultimately have to pay it or if the court will eventually overturn the ordinance. For now, the council has not clarified whether it will appeal the ruling, although municipal sources indicate that the ruling is being reviewed.
Meanwhile, drivers from municipalities in the metropolitan area —such as Torremolinos, Rincón de la Victoria, or Alhaurín de la Torre— are the main affected, as they have to drive through Málaga city to work or study and are caught off guard by a fine that they believe is unjust.
A practical note for the reader
The City Council plans to modify the ordinance to include a transitional provision that conditions the ZBE on the implementation of parking facilities connected to public transport. Until then, fines will keep coming. Drivers not registered in Málaga who drive without an environmental label should know that they risk a fine of 200 euros (with prompt payment, 100 euros). The opposition demands that at least the revenue be reinvested in sustainable mobility, but the local government has not yet commented.
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