Malaga Mayor Insists on Keeping Low Emission Zone Despite Court Ruling. The Supreme Court of Andalusia has invalidated certain provisions regarding vehicle access to Malaga's Low Emission Zone. The city's mayor stated that the zone itself will remain mandatory and will be revised.
The Malaga authorities have faced a court decision annulling part of the transport access regulations for the city's Low Emission Zone (ZBE). The High Court of Andalusia ruled that certain provisions of the municipal regulation violate the principle of equality, but did not question the city's obligation to maintain such a zone. Mayor Francisco de la Torre emphasized that the ZBE will remain in force, and the changes will only affect the disputed details.
According to de la Torre, the creation of such zones is not only a right but a direct obligation for large cities in Spain. He noted that the court's decision concerns only specific exceptions and access conditions provided for certain categories of residents and drivers. The judges found that these exceptions were insufficiently justified and could lead to unequal treatment.
The municipality has already begun analyzing the court decision to determine what changes need to be made to the current regulation. The mayor added that the city initially sought to take local residents' interests into account and provide them with a degree of flexibility, but now must find a balance between legal requirements and the principle of equality.
The lawsuit against the municipal regulation was filed by the Vox party bloc, which challenged the mandatory introduction of the LEZ. However, as de la Torre noted, the court explicitly confirmed: the existence of a low-emission zone for Malaga is a requirement of national legislation, and this issue is not up for debate. The city's task now is to resolve the inconsistencies identified by the court without abolishing the zone itself.
The introduction of the LEZ is connected not only to internal Spanish laws but also to European standards in transport and air quality. According to the mayor, the absence of such a zone may lead to the loss of access to European funds allocated for urban mobility development. Similar requirements are in effect in other major cities across the country.
While city services prepare proposals to correct the disputed points, the LEZ continues to operate as before. The authorities emphasize that any changes will be aimed at upholding the principle of equality and complying with the court's criteria.
The situation in Malaga serves as a reminder of how court decisions can affect city projects and access to funding. Disputes over new rules and infrastructure changes also arise in other regions of Spain. For example, a recent conflict between operators in Madrid delayed the launch of a major laboratory— details of this dispute can be found here.
For reference: low-emission zones have been mandatory for cities with over 50,000 inhabitants in Spain since 2023. Their goal is to reduce air pollution and comply with European environmental standards. The introduction of LEZs is often accompanied by debates about balancing environmental concerns, transport accessibility, and residents' rights.
