Andalusian Court Cancels Fines for Visitors in Malaga Low Emission Zone. The Supreme Court of Andalusia has declared illegal the selective penalization of drivers from other cities in Malaga's Low Emission Zone. The municipality will have to amend the rules and review the fines system.
The Supreme Court of Andalusia has partially annulled key provisions of Malaga's Low Emission Zone (ZBE), prohibiting fines exclusively for vehicles registered outside the city. The ruling concerns the regulation that allowed local residents to freely enter the environmental zone, while visitors received fines of up to 200 euros. Now, city authorities are required to revise the penalty system and eliminate differences between drivers based on their vehicle registration.
The judicial panel found that the current version of the municipal regulation violates the principles of market unity and freedom of economic activity enshrined in the Spanish Constitution. The criticism from Vox, which initiated the legal proceedings, was only partially upheld: the court did not support other claims related to the lack of environmental and social justification, but agreed that privileges for local drivers create discrimination.
During the first two months of the ZBE in Malaga, around 12,000 fines were issued for illegal entry into the central perimeter. Penalties were applied only to cars and motorcycles without an environmental sticker registered outside the city. Starting from November 2026, restrictions were set to become stricter for category B vehicles as well, but again, only for non-residents. This approach has now been deemed illegal.
The Malaga municipality has been given 30 days to file a cassation appeal with the Supreme Court of Spain. According to SUR, the city authorities are considering temporarily suspending the fines to avoid further legal disputes and are preparing changes to the regulatory framework. In the revised version, the rules must be the same for everyone, regardless of the vehicle’s registration location.
The court referred to recent rulings of the Spanish Supreme Court, emphasizing that vehicle registration in Malaga cannot be the sole criterion for admission to the environmental zone. According to the court, this approach lacks sufficient technical and environmental justification and violates equal market access.
Other arguments by Vox, including the lack of sufficient economic calculations and impact analysis on families, were dismissed by the court. At the same time, the ZBE concept itself and its role in reducing air pollution were recognized as justified: the court noted that the zone helped reduce traffic in the city center by about 25,000 vehicles per day.
The Malaga authorities must now not only revise the penalty procedure but also consider the potential consequences for urban mobility funding: failure to comply with ZBE requirements could result in the loss of state subsidies. The issue of fines already issued remains unresolved—they may be canceled to prevent a wave of lawsuits.
Previously in Spain, traffic regulations and penalties for violations on special lanes had already been tightened, as covered in the report on new road signs and sanctions: details on the latest changes to the traffic regulations.
For reference: Low Emission Zones are a mandatory measure for major Spanish cities, introduced by the state to combat air pollution. In Malaga, the zone covers more than 400 hectares in the central part of the city. Exceptions still apply for public transportation, emergency services, taxis, historic and special vehicles. The court decision does not affect other traffic restrictions in place in the Soho, Center, and Álamos-Carretería districts.
