Drivers in Malaga who paid low-emission zone fines could be entitled to get their money back, but the council has yet to confirm whether refunds will be automatic.
Mayor Francisco de la Torre has said the council will return the money if it is legally required to do so, following a court ruling that overturned the rules used to issue the penalties. The decision could affect thousands of drivers across Malaga province, including British and other foreign residents who regularly drive into the provincial capital.
Will Malaga refund its low-emission zone fines?
Speaking after the suspension of the city’s Low-Emissions zone (ZBE), De la Torre said the council’s legal services were examining what should happen to fines already issued and paid. His position was that the money would be returned if the law required it, rather than a commitment to reimburse every driver automatically.
The uncertainty is important because drivers faced penalties of €200 for entering the restricted area in vehicles covered by the original rules. Those who paid within the early-payment period could reduce the amount to €100.
Malaga’s ZBE covered approximately 404 hectares of the city. Its original enforcement system targeted vehicles without an environmental sticker registered outside the capital, while comparable vehicles registered in Malaga were treated differently.
Why were Malaga’s ZBE fines challenged?
The dispute centred on the different treatment of vehicles according to where they were registered. The Tribunal Superior de Justicia de Andalucia (high court) ruled that the relevant provisions of Malaga’s Mobility Ordinance were discriminatory.
The council subsequently stopped issuing fines under the disputed rules from October 14, 2026, after the court clarified the scope of its earlier judgment. However, stopping new fines does not automatically cancel every existing fine or guarantee that money already paid must be returned.
Thousands of drivers could be affected
Figures reported in the local press put the number of proposed penalties at more than 46,000 by the end of July, with further cases potentially added before enforcement stopped in October. The total number of fines actually paid has not been confirmed, so the figure should not be treated as the number of drivers entitled to a refund.
Opposition politicians have called for the council to return the money without forcing drivers to make individual claims. Others have also pushed for a procedure that would allow affected drivers to recover their payments, including any interest legally due. The council, meanwhile, has not announced a confirmed timetable or a general refund procedure.
What should drivers do now?
Anyone who paid a Malaga low-emissions zone fine should keep the original penalty notice, proof of payment and any correspondence relating to the case. Drivers should check their individual circumstances with the council’s tax and collection service, Gestrisam, rather than assuming the money will be returned automatically. Those with unpaid penalties or ongoing appeals should also seek clarification about their specific cases before deciding what action to take.
Malaga is expected to work on a revised low-emission zone regulation, but the immediate question for affected drivers is whether the council will refund money collected under the rules that have now been overturned.
For drivers who paid €100 or €200, the mayor’s latest comments offer a possibility of repayment, not yet a solid guarantee.