The High Court of Justice of Madrid gives the council 20 days to respond in the separate enforcement case regarding the ruling that annulled the ZBEs. AEA calls for an immediate halt to the collection of illegal fines.
The High Court of Justice of Madrid (TSJM) has taken another step in the judicial battle against the City Council of the capital. At the request of the European Motorists Association (AEA), the Second Section of the Administrative Litigation Chamber has opened a separate case to enforce the ruling that annulled the Low Emission Zones (ZBEs) last September 2024. The council has 20 non-extendable days to present its arguments.
An unrelenting judicial calendar
The TSJM's decision represents a significant judicial setback for the government of José Luis Martínez-Almeida. The enforcement is being processed after it was found that the City Council has not fully complied with the ruling that declared the ZBEs in Madrid null and void. The court believes that the municipal passivity justifies activating this extraordinary mechanism.
The 20-day period begins from the notification of the order. During this time, the council must explain why it has not executed the ruling or risk the judge imposing coercive measures, such as periodic fines or even judicial intervention. Legal sources consulted indicate that this is the first time such a step has been taken in this litigation.
New rulings dismantle the municipal strategy
At the same time, several administrative courts are issuing rulings that undermine the City Council's strategy to minimise the scope of the annulment. Judges are requiring the annulment of all fines from the ZBEs imposed in the capital up until April 6, and not just those from specially protected districts like Plaza Elíptica and District Centre, as the council intended.
This means that tens of thousands of fines could be rendered ineffective. AEA estimates that the City Council has issued more than 200,000 fines since the implementation of the ZBEs, many of which have already been collected or are in the process of being seized. The organisation has repeatedly requested an immediate halt to the collections and seizures that the Madrid Tax Agency continues to carry out to collect fines that the courts deem illegal.
What does this mean for the Madrid driver?
For the residents of Madrid, this judicial resolution opens the door to recovering the money paid for ZBE fines. AEA advises those affected who have paid fines or suffered seizures to claim a refund. The process involves submitting a written request to the same court that issued the ruling or, if already paid, requesting the annulment of the file and the restitution of the amounts.
Meanwhile, the City Council continues to operate the radars and cameras of the ZBEs, although their ability to impose fines is in question. The municipal government is considering appealing the latest rulings to the Supreme Court, but the TSJM's enforcement shortens the timelines. The ball is in Almeida's court: either comply or face judicial penalties.
“We cannot allow the City Council to continue profiting from fines that the courts have declared null,” denounced AEA president Mario Arnaldo.
The drivers' organisation has announced that it will file new complaints if the council does not immediately stop the collections. The next judicial milestone will be the City Council's appearance before the TSJM, scheduled for three weeks from now. Meanwhile, Madrid drivers can breathe a little easier: justice is on their side.
You may also like
