Malaga considers appeal against Low Emission Zone partial overturn while fines remain in force

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Malaga considers appeal against Low Emission Zone partial overturn while fines remain in force

The transport councillor has stressed that the ruling is not final and that the regulatory framework remains active

Añádenos en Google One of the control points of the Low Emission Zone in Malaga. (Ñito Salas)

Chus Heredia

12/06/2026 a las 12:06h.

Malaga's Low Emission Zone (ZBE) remains fully operational and enforcement cameras continue recording offending vehicles. Transport councillor Trinidad Hernández made that clear after the High Court of Andalucía (TSJA) issued a ruling overturning the current regulations governing the framework.

The court deliberated late last year but only recently notified the parties involved. The case stems from an appeal the Vox municipal group lodged.

Hernández told drivers that "the ruling is not yet final". The transport department now "has 29 days to analyse it and decide whether to file an appeal".

Fines

As no final court ruling has yet been issued, the existing regulatory framework remains unchanged. "Because the ruling is not final, the Low Emission Zone remains in force and the system continues to capture images," Hernández said.

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This means that restriction rules remain exactly as they are now. Vehicles without an environmental sticker registered outside Malaga city remain banned from entering the restricted zone. Vehicles registered in Malaga that do not have an environmental label retain their access rights. During the first two months of enforcement, authorities fined 12,000 drivers.

Hernández broke down the court ruling to emphasise that the TSJA validates almost all of the municipal actions and the substance of the regulation. She highlighted two key aspects.

The first is that the ruling "recognises that the low-emission zone is a legal obligation for the city council". The second is that the court decision "also recognises that the procedure, the processing of the transport regulation that includes the Low Emission Zone, complies with regulations".

Registration discrimination

The only issue on which the court disagreed with the city council concerns the different treatment of vehicles depending on where they are registered. According to Hernández, the ruling "simply states that the same conditions must apply to vehicles registered in Malaga city and those registered elsewhere".

Malaga city council does not intend to sit back and wait for the judicial process to run its course. Alongside any possible appeal, the local ruling team are already working on alternative regulations to avoid a legal vacuum that could prove costly for municipal finances.

"At the same time, we are studying the possibility of amending the ordinance in case the final judicial outcome goes against any appeal the council may lodge," Hernández said.

The urgency of the issue extends beyond air quality concerns. The councillor stated that maintaining the ZBE is also essential for the city's transport funding. She noted that implementing the framework "is mandatory under national legislation, specifically the climate change act".

Failure to comply with those requirements would place Malaga in a difficult position, as maintaining a Low Emission Zone is a prerequisite for receiving government transport grants.