Low Emission Zones (LEZs) are at a critical juncture in Spain. What was intended to be the primary tool for improving air quality in cities is turning into a major headache for drivers and city councils alike. The courts are striking down the regulations one after another, while cars without the required sticker continue to receive fines amidst legal uncertainty.
Although the law has required municipalities with more than 50.000 inhabitants to implement restricted zones for years, the reality has been fraught with delays, legal challenges, and, above all, fines. The confusion is immense: some court rulings have overturned the restrictions, but the cameras continue to operate, leaving drivers unsure of what to expect.
The courts correct the city councils
The latest warning came from Málaga. The High Court of Justice of Andalusia (TSJA) has annulled Málaga's low-emission zone due to unequal treatment, considering that it particularly disadvantages drivers from outside the area. The problem wasn't the restriction itself, but rather that cars without a sticker could enter the zone depending on the municipality where they were registered. The court interpreted this as an unjustified inequality between residents and visitors.
In the city of Málaga, the ruling didn't completely eliminate the restricted zone, but it does leave the door open for drivers who received fines to appeal their penalties. The decision, made on May 6, orders a redesign of the access system if traffic restrictions are to continue, but the effects don't stop there. Currently, any driver who filed a complaint can try to recover the €200 fine if the case is not yet final.
The case of Spain's capital is perhaps the most egregious. Although the High Court of Justice annulled the ordinance that upholds the restrictions, and the Supreme Court has already upheld the ruling, the City Council is proceeding with the sanctioning process. The result is a legal limbo: entrances to the protected areas remain monitored, and complaints are being processed as usual while the sentence is being implemented.
The ticket machine never stops
The revenue collected is reaching staggering figures. According to the Madrid Regional Audit Office, between 2022 and the first quarter of 2025, the capital issued a total of 1.079.255 fines related to these zones. The money collected by the city exceeds €105 million. When this is considered alongside the fine, which remains at €200 for not displaying a sticker , it becomes clear why many believe that Low Emission Zones (LEZs) have become a revenue-generating scheme.
This isn't unique to Madrid. Municipalities like Rivas-Vaciamadrid and Alcalá de Henares have also seen a significant number of complaints, with over one million euros collected in the first year of operation. In the many municipalities that haven't yet implemented the measure, it's expected that revenue will multiply once they activate their cameras.
Spain and its unfinished business with Low Emission Zones
It's not all about the penalties. The other side of the coin is that a significant number of municipalities in Spain have failed to implement their low-emission zones . In the Canary Islands, for example, the Court of Auditors made it clear that as of March 2025, none of the ten municipalities required to have one had an operational LEZ. Some, like La Laguna and Telde, hadn't even begun the process. Similar situations exist in El Puerto de Santa MarÃa, where the delay has persisted for over three years and the municipal regulations are still pending.
Staff shortages and funding problems have been the most frequent excuses given by local councils. Meanwhile, more than 150 cities are required to implement their designated zones , and several have gone to extraordinary lengths to avoid the same mistakes that are now being challenged in court.
What does all this mean for the driver?
For drivers, the situation couldn't be more complex. On the one hand, they shouldn't risk entering a Low Emission Zone (LEZ) without a sticker, because the camera could catch them and they could face a €200 fine. But on the other hand, if they receive a citation and its legal basis is later overturned, they have a chance to appeal. Specialized lawyers recommend keeping all notifications and filing an appeal if necessary.
Uncertainty is the norm as long as there is no common and well-crafted regulation. The solution lies in local councils approving regulations, exceptions, and affected cities with a more technically sound approach, avoiding discrimination among residents and ensuring a robust financial plan. Only then will the restrictions be sustainable.
The legal battle is far from over. Citizens and local councils hope that the lessons learned from the court rulings will help refine the system. However, what's currently on the table is a complete regulatory mess that affects everyone equally: those who travel daily and those who only visit the city occasionally.
