The Málaga City Council has requested clarification of the TSJA ruling that annulled the Low Emission Zone (ZBE) ordinance, which pauses the deadline for appeal. Meanwhile, fines for unregistered vehicles continue, with 35,457 penalties issued in six months.
The Málaga City Council has achieved a judicial respite in the controversy surrounding the Low Emission Zone (ZBE). Following the partial annulment of the ordinance by the Superior Court of Justice of Andalusia (TSJA), the governing team requested clarification of the ruling, which suspends the deadline for filing a cassation appeal before the Constitutional Court. This has been confirmed by municipal sources, who explain that the request, submitted just before the deadline expired last Friday, puts the process on hold indefinitely.
The TSJA's decision, which partially upheld a challenge from Vox, annulled the chapter of the ordinance that restricted mobility to polluting vehicles, considering it discriminated against drivers registered in the capital compared to those from outside. The ruling, which is not final, is based on Supreme Court jurisprudence regarding freedom and equality. However, the City Council is considering appealing it, and in the meantime, the ZBE remains active and fines continue.
In the first six months of the regulation's validity, the Local Police have proposed a total of 35,457 penalties, according to data from the Security Area provided to the Con Málaga group. From February 2 to May 18, 23,745 cars and motorcycles from outside the city were reported for entering without an environmental badge; this is in addition to 11,712 fines imposed between December 29 and February 1. The fines amount to 200 euros, reduced to 100 for early payment, which places the potential revenue between 3.5 and 7 million euros.
March was the month with the most violations, with 7,640, followed by December with 6,213. Despite the judicial annulment, vehicles registered in Málaga continue to circulate without being fined, just as they did before the ruling. The City Council argues that the ordinance remains in force as the ruling is not final.
Vox, which challenged the regulation, has again urged the PP governing team to immediately suspend the fines. Its municipal spokesperson, Antonio Alcázar, has urged fined drivers to file appeals, warning that the penalties could be rendered ineffective if the ruling is upheld. "We have told the City Council, repeatedly, to stop sanctioning, to stop fining, mainly as a precaution," Alcázar stated, warning that maintaining the fines could generate "tremendous litigation."
The councillor has linked the situation in Málaga to a recent judicial ruling in Madrid that annulled the fines of the capital's ZBE, a precedent that, in his view, highlights the risk the Málaga City Council faces if it maintains its sanctioning policy. "The City Council should act prudently and suspend the sanctioning regime until there is a definitive resolution," he pointed out.
For now, the ZBE remains operational and drivers not registered in Málaga who enter the restricted perimeter without a badge are subject to fines. The Constitutional Court's decision, which could take months, will determine the future of the ordinance and the thousands of fines already imposed. In the meantime, the City Council is exploring its legal options to defend a regulation it considers crucial for improving air quality in the city.
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