Court Annuls Low Emission Zone in Central Malaga Over Discrimination. The Andalusian Supreme Court has ruled the low emission zone in Malaga invalid. The decision stems from regulations that restricted access for non-residents and businesses, violating freedom of movement and single market principles. City authorities may appeal the verdict.
The High Court of Justice of Andalusia (TSJA) has declared the Low Emission Zone (LEZ) in Malaga’s historic center invalid. The zone was created to limit traffic of vehicles without an environmental badge from the DGT. The decision follows a partial acceptance of a lawsuit filed by the Vox party against the city's 'Mobility Ordinance.'
The judges found that distinguishing between vehicles registered in Malaga and those from other municipalities violated freedom of movement, as well as the principles of free enterprise and market unity. According to the TSJA, residency cannot be the sole criterion for granting exemptions or imposing restrictions on entry into the city unless there are strong technical and environmental justifications.
Reasons for annulment
The low emission zone covered the historic center and the districts of Soho and Álamos-Carretería. Since the end of last year, entry has been prohibited for cars and motorcycles without a DGT environmental sticker unless they are registered in Malaga and pay the local transport tax. However, from the outset, there were difficulties in issuing fines to non-residents, which became one of the reasons for the legal proceedings.
Vox contested the provisions of the ordinance, pointing to discrimination between Malaga residents and visitors, as well as between businesses inside and outside the restricted zone. The court supported this argument, noting that such measures must be justified and cannot be enacted solely based on residency registration.
What’s next
As a result of the TSJA's decision, the section of the ordinance regulating the operation of the ZBE has been annulled. In the first two months after the zone was implemented, approximately 12,000 fines of 200 euros (or 100 euros if paid promptly) were issued. City authorities have 30 days to file a cassation appeal with the Supreme Court of Spain if they wish to challenge the verdict.
As noted by La Opinión de Málaga, the court emphasized: any restrictions for non-residents or companies must have clear technical and environmental justification, otherwise they violate fundamental economic freedoms. It remains unclear how Málaga authorities will respond to the court's decision and how it might affect similar zones in other cities around the country.
For reference: low-emission zones became mandatory for large cities in Spain starting in 2023, but their implementation often provokes controversy because of the balance between environmental concerns and economic rights.
