The High Court of Justice of Madrid has opened a separate case to compel the Madrid City Council to comply with the ruling that annulled the Low Emission Zones. The decision could halt the collection of thousands of fines and seizures.
The High Court of Justice of Madrid (TSJM) has taken a firm step to ensure that the Madrid City Council executes the ruling that annulled the Low Emission Zones (ZBE) of the capital in September 2024. At the request of the European Motorists Association (AEA), the Second Section of the Administrative Litigation Chamber has ordered the opening of a separate case to process the forced execution of the ruling, which has already been upheld by the Supreme Court after rejecting the municipal appeal.
The court has granted an unextendable period of 20 days for the City Council and the other parties to present their arguments. This measure aims to prevent hundreds of thousands of Madrid drivers from having to go through an "unbearable pilgrimage of judicial appeals," according to the association that promoted the action.
The decision does not imply the automatic annulment of all fines, but opens a procedure to determine how the final ruling should be enforced. However, the latest judicial resolutions increase the pressure on the City Council led by José Luis Martínez-Almeida and could have significant consequences for both pending sanctions and ongoing collection procedures.
The president of AEA, Mario Arnaldo, has been unequivocal: "The Madrid City Council cannot project an image of a deceitful administration to citizens by attempting to illegitimately collect fines that the courts have already declared null and void. Therefore, we demand the immediate halt of all proceedings and the return of the money collected improperly."
The driver advocacy organization has repeatedly requested the municipal government to halt the collections and seizures that the Madrid Tax Agency continues to carry out to collect fines declared illegal. According to AEA, the volume of affected fines exceeds 3.5 million cases, with an estimated value of €700 million.
Simultaneously, a cascade of rulings from various Administrative Courts in Madrid is dismantling the strategy of Almeida's government team, which aimed to limit the impact of the nullification exclusively to fines imposed in the specially protected districts of 'Madrid District Centre' and 'Plaza Elíptica'. Courts number 15, 34, and 29, among others, have unified criteria and compel the City Council to annul all €200 fines imposed on any street affected by the capital's ZBEs, considering that the sanctions lack legal basis following the nullification of the Sustainable Mobility Ordinance.
The courts reason that the annulment of the annexes of the ordinance undermines the article that regulated the restrictions, and that the most favourable norm for the citizen must be applied retroactively while the sanction is not final. This judicial interpretation is a blow to the City Council, which sees its plan to minimise the economic and political cost of the nullification crumble.
The economic impact on municipal coffers is significant. According to data handled by AEA, the cost of the annulled fines exceeds €663 million in relation to the 3.4 million cases opened. This figure would need to be supplemented by management costs and possible late payment interest if the return of collected amounts is ordered.
The situation generates uncertainty among Madrid drivers, many of whom have received seizure notifications or have already paid the fine. Motorist associations recommend that those affected do not pay any fines related to the ZBEs until the judicial situation is clarified, and that, in case they have paid, they keep the receipts to claim a refund.
The Madrid City Council, for its part, has not yet officially commented on the opening of this separate case. Municipal sources consulted indicate that they are studying the resolution and will present arguments within the granted period. Meanwhile, the Madrid Tax Agency continues with collection procedures, which could generate new legal controversies.
The ZBE ordinance was approved in 2021 with the aim of reducing pollution in the capital, but the TSJM annulled it due to a lack of economic reports and alternative means for citizens. The Supreme Court confirmed the nullification in 2024, rendering traffic restrictions and associated fines ineffective. Now, the forced execution aims to ensure that the City Council fully complies with the ruling without further delay.
For the residents of Madrid, the news provides relief at the prospect of halting seizures and returning improperly collected money. However, the judicial process may still be prolonged if the City Council appeals or raises new arguments. Legal experts consulted believe that, given the Supreme Court's backing, the City Council's options to avoid execution are limited.
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