Overview
- The Tribunal Superior de Justicia de Andalucía ruled that Málaga may not apply fines only to cars and motorcycles registered outside the city, effectively annulling that selective enforcement of the Low Emissions Zone.
- The court dismissed the environmental and economic reasons the city used to justify the ordinance, while upholding the legal objection to discriminatory application of penalties.
- Legally the mobility ordinance remains on the books, but the TSJA decision creates a gap in how the ZBE can be enforced until the Ayuntamiento de Málaga decides whether to seek cassation at the Tribunal Supremo.
- Vox, which brought the case, publicly celebrated the ruling and is using it to claim a political victory against the city's ZBE policy.
- Low Emissions Zones restrict high‑pollution traffic inside cities to improve air quality, and this ruling underscores growing judicial scrutiny that municipalities must apply such rules equally and follow clear legal procedure.