The High Court of Justice of Madrid has opened a separate case to enforce the ruling that annulled the Low Emission Zones of the capital, at the request of the European Motorists Association. The association demands a halt to the collection and seizure of fines, which already total over 3.4 million cases.
The High Court of Justice of Madrid (TSJM) has taken a key step in the legal battle over the Low Emission Zones (ZBE) of the capital. The Second Section of the Administrative Litigation Chamber has agreed to open a separate case within the enforcement of the ruling that annulled the regulation, after admitting the incidental issue presented by the European Motorists Association (AEA).
A 20-day deadline for allegations
In a ruling accessed by this newspaper, the court grants a 20-day deadline to the City Council of Madrid and the other parties to present allegations. The opening of this enforcement case aims to determine how the final ruling that declared the essential provisions of the Sustainable Mobility Ordinance regulating the ZBEs null and void should be complied with.
The motorists' association, led by Mario Arnaldo, argues that this judicial action aims to prevent those affected from having to individually approach the courts to achieve the annulment of the fines. The goal is for the annulment to extend to all imposed fines, not just those from the specially protected areas of District Centre and Plaza Elíptica, as the City Council claims.
"The City Council of Madrid cannot project an image of a deceitful administration to citizens by attempting to illegitimately collect fines that Justice has already declared null and void," criticized Mario Arnaldo, who demands the suspension of the sanctioning cases and the return of the amounts collected.
Over 3.4 million fines at stake
According to AEA data, the potential impact of these rulings is enormous. It is estimated that there are over 3.4 million sanctioning cases, amounting to more than 663 million euros, corresponding to the complaints filed until December 31, 2025. Madrid drivers who have been fined for accessing any road affected by the ZBEs could see their fines annulled.
The association states that various administrative courts in Madrid are already ruling in favour of the drivers. The latest rulings from Court number 15, in line with those from courts 29 and 34, consider that all 200-euro fines imposed for accessing any road affected by the ZBEs of the capital should be annulled.
These rulings are based on three main grounds: that the annulment of the annexes and provisions of the Mobility Ordinance leaves the article regulating the restrictions without material content; that in sanctioning matters, the most favourable rule for the citizen must be applied retroactively while the sanction is not final; and that, with the disappearance of the regulatory coverage delimiting the ZBEs, the City Council lacks a legal basis to maintain the sanctions.
A conflict that began in 2024
The conflict dates back to September 2024, when the TSJM declared the nullity of various essential provisions of the Sustainable Mobility Ordinance regulating the ZBEs of Madrid. Subsequently, the Supreme Court rejected the appeal filed by the City Council, leaving that ruling firm. Despite this, the City Council has continued to collect fines, prompting AEA's action.
For the Madrid driver, this news represents a relief. If the court rules in favour of total annulment, those who have paid fines could recover their money, and those who have not yet paid would not have to do so. However, it will be necessary to wait for the enforcement case to be resolved, a process that could take several months.
Meanwhile, AEA's recommendation is clear: do not pay pending fines and appeal any sanction that arrives, as the deadlines for allegations remain open. Those affected can approach the association or a lawyer to initiate the process.
You may also like
