MALAGA city council will refund thousands of drivers stung by the city’s controversial low emission zone (ZBE) after a court ruled that part of the scheme was discriminatory.
Around 13,600 fines totalling €1.38 million will be paid back over the coming weeks in a costly setback for the Ayuntamiento.
The remaining 36,000-plus penalty notices dished out since enforcement began last December have yet to be paid and will be cancelled automatically, officials confirmed.
Any proceedings already under way to recover unpaid fines have also been suspended.
The refunds come after a ruling from the High Court of Justice of Andalucia (TSJA) last week struck down a key clause in the scheme.
Under the rules, cars and motorbikes without an environmental label that were registered outside Malaga city could be fined for entering the zone, which covered parts of Malaga’s historic centre, Soho and the areas around Alamos and Carreteria.
However, vehicles with the same characteristics registered in Malaga could enter without penalty.
The court said this distinction was based solely on the vehicle’s place of registration and lacked sufficient technical justification, finding that it breached principles of market unity and freedom of enterprise.
The council stopped issuing fines after the judgement and have confirmed they will not appeal the verdict to the Supreme Court.
To receive their refund, drivers who have already paid should submit their bank details via a dedicated online link.
Refunds can also be arranged in person at municipal offices or via the council’s electronic portal, but only after the 30-day window for a possible appeal has passed.
The standard penalty was set at €200, reduced to €100 for early payment, meaning a handy payday for drivers caught out by the scheme.
The ruling is unlikely to spell the end of Malaga’s low emission zone, with officials expected to draw up a new plan to reintroduce many of its measures that were not challenged by the court.
The council is expected to study how other cities have implemented similar green zones, with the process likely to take around a year.
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