The Madrid authorities have finally refused to refund drivers for fines issued for entering the Low Emission Zone (ZBE) during the previous city regulation period. As confirmed by Deputy Mayor Inma Sanz, the decision is due to judicial practice not allowing retroactive effect for such rulings, even despite the court’s annulment of several provisions of the old regulation.
In March 2024, the Madrid High Court (TSJM) invalidated several provisions of the previous ZBE city regulation following a lawsuit by the municipal group Vox. However, since the decision did not take effect immediately, fines continued to be issued until the new version of the rules was approved on March 24. This week, the Supreme Court of Spain rejected the city council’s appeal, confirming the annulment of the disputed provisions.
Reaction and consequences
After the court’s decision, city authorities stated that the new version of the regulation, adopted by the Partido Popular majority, renders the court ruling irrelevant to the rules currently in force. However, the fate of fines already issued remained uncertain. According to Automovilistas Europeos Asociados (AEA), from September 2021 to November 2025, more than 3.3 million fines were imposed in Madrid for entering the ZBE, totaling over 650 million euros.
The AEA organization appealed to Mayor José Luis Martínez-Almeida demanding the cancellation of these sanctions. A similar demand was also made by Vox representative Javier Ortega Smith, who promised to submit an urgent initiative at the next city council meeting. Despite the pressure, Deputy Mayor Sanz emphasized that refunds are impossible due to the lack of retroactivity in such court decisions.
Context and comparisons
The situation with the cancellation of fines for violations in Madrid echoes other high-profile legal disputes in recent years, where court rulings directly affected residents’ financial interests. For example, previously a court in the capital ordered a resident to pay substantial compensation for fire damage, which triggered wide public debate — more about this case can be found in the report on the recovery of €1.4 million for fire damage at russpain.com.
The issue of refunding ZBE fines remains closed to millions of drivers, despite pressure from public organizations and the opposition. City Hall refers to established legal practice, which does not allow for the review of sanctions imposed before the new rules came into effect.
