A ruling by the High Court of Justice of Andalusia (TSJA) has thrown Malaga's Low Emission Zone (ZBE) into uncertainty. Since November 30th, owners of vehicles without an environmental sticker circulating in the city's central area faced fines, but only if their car was not registered in Malaga. Registered vehicles faced no repercussions.
TSJA magistrates have stated that such restrictions cannot be based on a vehicle's registration location, as this constitutes discrimination that violates market unity and the principle of freedom of enterprise. The consequences of this decision are yet to be seen, although the Málaga City Council has one month to appeal to the Supreme Court.
The ruling challenges the traffic restriction regime implemented across 34 city streets, a measure mandated by the 2021 climate change law for municipalities over 50,000 inhabitants. The Málaga City Council, which delayed implementation citing issues with surveillance cameras, had established a system allowing registered vehicles to pass without fines, even those without an environmental sticker.
The court found that the requirement of local registration in Malaga "affects the free movement of goods and people," and could not identify a "proportionate, environmentally imperative, and non-discriminatory" technical justification. Consequently, a full title of the Mobility Ordinance has been annulled, though the rest of the regulations and the ZBE itself remain in effect.
The ZBE is active and the system continues to capture images. Vehicles without a sticker not registered in Malaga cannot access, and those registered in Malaga without a sticker can continue to do so.
Councilwoman Trinidad Hernández warned that, for now, the situation remains unchanged for unregistered vehicles without stickers. The opposition, including parties like Vox, has been critical of the ZBE's implementation. While the far-right alleges revenue-generating motives, the left criticizes the delayed application and the lack of alternatives such as enhanced public transport or park-and-ride facilities.
Toni Morillas, spokesperson for Con Málaga, described the ZBE as a "botch job" that "punishes working families" and urged the council not to appeal the ruling, but rather to modify the ordinance and suspend the penalty system until sustainable mobility measures are in place.
