The court orders the City Council to halt collections and seizures of the declared null fines. AEA demands the return of the 700 million collected illegally.
The Second Section of the Administrative Litigation Chamber has given an ultimatum to Madrid City Council: within 20 non-extendable days, it must present arguments on how it plans to execute the ruling that annulled the Low Emission Zones (ZBE) in September 2024. The judge has opened a separate proceeding for forced execution, at the request of the European Motorists Association (AEA).
The drivers' organisation has been denouncing for months that the City Council continues to collect fines of 200 euros and seizing bank accounts from thousands of Madrid residents, despite the Supreme Court having already rejected the municipal appeal. Mario Arnaldo, president of AEA, describes the attitude of José Luis Martínez-Almeida's team as a "fraudulent administration."
The City Council of Madrid cannot project an image of a "fraudulent administration" to citizens by attempting to collect illegitimate fines that the judiciary has already declared null and void. Therefore, we demand the immediate halt of all proceedings and the return of the money collected improperly.
A Judicial Front That Disarms the Municipal Strategy
While the City Council attempted to limit the nullification to fines from Madrid District Centre and Plaza Elíptica, the administrative courts are overturning that version. The rulings from courts number 15, 34, and 29 require the absolute annulment of all fines imposed in any street affected by the ZBE in the capital.
For AEA, this represents a normative and economic collapse. At stake are over 3.5 million sanctioning cases, with an estimated value of 700 million euros. "These are not just the fines from areas of special protection, as the City Council intends," warns Arnaldo.
The council, for its part, has not yet confirmed whether it will appeal the opening of the separate proceeding or if it will comply with the court order. Meanwhile, Madrid drivers continue to receive payment notifications and seizures for fines that the judiciary has already declared null.
What Does This Mean for the Wallet of the Madrid Driver?
If the City Council ultimately executes the nullification, those affected could recover the money paid improperly. AEA recommends that drivers who have been fined in the ZBE do not pay new fines and gather all documentation to claim. The 20-day period is just the first step; effective reimbursement could take months.
The Madrid Tax Agency, dependent on the City Council, is responsible for collections. Until now, it has continued to seize accounts despite the nullification ruling. With the new court order, that practice could be halted immediately, although the City Council can still present arguments.
For the thousands of Madrid residents who have already paid the fine or suffered a seizure, the return of the money seems like an additional legal battle. AEA has already announced that it will request forced execution if the City Council does not act within the stipulated timeframe.
The next move by Madrid City Council will be crucial in determining whether drivers recover what they paid or if the conflict becomes entrenched in the courts. What is clear is that the judiciary is not willing to allow further delays.
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