Malaga's Low Emission Zone (ZBE) is in a delicate situation one year after its implementation. A ruling by the High Court of Justice of Andalusia (TSJA) annulled part of the ordinance, citing differential treatment for vehicles from Malaga compared to those from other municipalities. Despite this verdict, the ZBE remains in effect, fines continue to be processed, and the City Council has yet to officially announce its decision on adapting the regulation or appealing to the Supreme Court.
The creation of the ZBE in Malaga is a legal obligation under the Climate Change and Energy Transition Law, requiring cities with over 50,000 inhabitants to implement such zones to reduce pollution. It also aligns with European Union commitments on sustainable mobility and is a prerequisite for certain urban transport grants.
The ordinance, approved in 2024 and applied in late 2025, faced criticism from the outset due to its transitional period, which differentiated between vehicles registered in Malaga capital and those from other municipalities. During this initial phase, only vehicles without an environmental sticker from outside the city were penalized.
Since the sanctioning regime began, thousands of complaints have accumulated. In the first six months, over 35,000 proposed sanctions were recorded, according to data from the City Council's Security Area. The Local Police monitor ZBE access points, detect infractions, and forward complaints to Gestrisam for sanction proceedings. The fine for unauthorized access is 200 euros, reduced to 100 euros for prompt payment, with no loss of driving license points.
Criticism regarding the ordinance's application grew, questioning the differential treatment. The City Council argued a legal loophole prevented fining vehicles from outside the city, an interpretation not shared by other Spanish cities.
In June, the TSJA partially upheld Vox's appeal, annulling the part of the ordinance that allowed different treatment for vehicles registered in Malaga during the transitional period, deeming it a violation of equality and market unity principles. The ruling does not question the existence of the ZBE itself, but rather the access regulations and exceptions.
Following the resolution, Mayor Francisco de la Torre defended the ZBE's continuity, stating the ruling confirmed the legality and necessity of such measures. Municipal legal services are reportedly studying the verdict to determine required changes.
The City Council has not publicly disclosed its next steps, including whether it will file an appeal with the Supreme Court or directly amend the regulation.
The ruling intensified political debate. Vox and Con Málaga demanded the suspension of sanctions and reimbursement of fines. The PSOE criticized the governing team's management. Motions presented in the City Council meeting on June 25 to suspend sanctions were unsuccessful, with the government emphasizing the need to await legal counsel's opinion.
Currently, the situation remains largely unchanged. The TSJA ruling is not yet final, and the sanctioning regime continues to operate normally. Access cameras are active, the Local Police are issuing complaints, and Gestrisam is processing all registered fines. The ZBE remains fully in force, with fines being imposed while the City Council decides how to adapt the ordinance to the TSJA's criteria.
