The deputy mayor of the city explained that the Supreme Court's ruling, which rejected the municipal appeal against the annulment of articles in the LEZ ordinance, does not have retroactive effect. This stance is based on current jurisprudence, which dictates that such judicial decisions typically do not apply retroactively.
“"Jurisprudential doctrine supports that these types of sentences do not have retroactive effects, regardless of the appeals that those affected may file."
The municipal government's decision comes amid political debate, as an opposition group has announced it will present a motion in the next Cibeles Plenary Session to demand the refund of these fines to affected drivers. However, the City Council has ruled out a generalized reimbursement of the amounts paid.
The municipal government has emphasized that the annulment of the previous ordinance has had no practical effect following the approval in March of a new mobility regulation, which is already in force. This new ordinance has reshaped the regulatory framework for mobility in the city, aiming to correct the deficiencies of the previous one.
Despite the City Council's position, it has been indicated that sanctioned drivers have the option to individually appeal their fines if they deem it appropriate. Nevertheless, an automatic and massive refund of all fines imposed under the annulled regulation is being rejected.
