Andalusian High Court overturns part of Malaga's low-emission fines system over unequal treatment of drivers

The court struck down the section of the mobility ordinance that set how penalties were applied in the restricted central area. It found that the rules treated drivers differently depending on whether their IVTM vehicle tax was paid in Malaga or another municipality.

Under the system, drivers of vehicles from outside the city were the ones being fined for entering the zone. The court ruled that this kind of distinction was not justified and could not be based solely on environmental policy.

Judges said the approach effectively created unequal treatment between drivers and went against basic principles of fair competition and equal treatment.

The court ruled this constitutes unlawful discrimination, restricting the free movement of goods and people and acting as a barrier to economic activity from outside the city.

However, most other parts of the appeal were rejected, including Vox's arguments regarding missing environmental reports, budgetary assessments and procedural irregularities.

The court accepted that the low-emission zone itself was legitimate and aimed at improving air quality. It also confirmed that the council had followed the correct procedures and had the necessary supporting reports.

The ruling affects a system that issued around 12,000 fines in its first two months. The penalty is 200 euros, reduced to 100 euros if paid quickly, and does not include points on driving licences.

A planned tightening of the rules, which would have extended fines to additional vehicles from outside the city from 30 November, will now have to be reconsidered.

Malaga city hall has 30 days to decide whether to appeal to Spain’s Supreme Court. While drafting new rules to comply, the council must now also review whether to continue administering fines (and potentially face fresh legal challenges down the line).

The low-emission zone was introduced in November 2024 and has reduced traffic in the city centre by around 25,000 vehicles across an area of just over 400 hectares.