The Supreme Court's decision to reject the appeal filed by the Madrid City Council has confirmed the annulment of the Low Emission Zone (ZBE). This ruling reopens the discussion about the validity of fines imposed on drivers for entering or circulating in the restricted area, specifically those applied until April 6, 2026. Fines issued after this date are based on a new mobility ordinance.
The judiciary has pointed out deficiencies in the creation of the ZBE, highlighting the lack of a rigorous economic analysis to assess the real impact of the restrictions on citizens, particularly those with fewer resources to afford a vehicle change. The court considered that such an intense limitation on circulation must balance environmental benefits with its social and economic effects.
“"When a regulation is annulled by the courts, the Administration must act responsibly and respect consumer rights."
From a practical standpoint, the annulment of the ZBE's effects creates legal uncertainty for thousands of drivers fined until March 2026. The situation varies by case: those who appealed the fine and have an open procedure are in a better position to recover the amounts paid. However, those who chose to pay without appealing face a more complex path, as the only possible route is to request nullity by full right, a more legally restrictive procedure.
The OCU has reminded those affected by ZBE fines that the possibility of claiming depends on the status of their case. If the fine is within the deadline, allegations can be submitted. If an appeal was filed and there has been no response, the nullity of the sanction should be insisted upon. If allegations were rejected but are still within the deadline, a reconsideration appeal can still be filed. For those who paid without appealing, recovery is more difficult, although nullity by full right could be an option in some cases. For new fines imposed under the previous ordinance, it is advisable to submit allegations within the legal period and rely on the Superior Court of Justice of Madrid's ruling to request the annulment of the sanction.
The OCU reiterates its commitment to effective measures to reduce pollution and advance towards more sustainable mobility, considering these objectives essential. However, these policies must always be applied with full respect for legality, principles of transparency and proportionality, and the protection of the most vulnerable groups.
