The legal battle surrounding Madrid's Low Emission Zones has taken a new turn. Following the annulment of the ordinance that regulated them, the Supreme Court has closed the door on the City Council's appeal, and now the High Court of Justice of Madrid has begun the enforcement of the ruling. Meanwhile, the City Council has already approved new regulations to try to circumvent the effects of the court decision, but the dispute over the imposed fines remains unresolved.
The situation affects millions of drivers and has resulted in hundreds of millions of euros in fines. Motorists' associations are demanding refunds, while the City Council maintains that the annulment only affects some of the restrictions. Below, we review the key points of this legal saga that continues to disrupt traffic in Madrid.
The Supreme Court rejects the appeal and the sentence becomes final.
Last April, the Supreme Court rejected the appeal filed by the Madrid City Council The Supreme Court has appealed the ruling of the High Court of Justice of Madrid, which annulled key articles of the Sustainable Mobility Ordinance. The High Court's September 2024 ruling deemed the economic impact report insufficient and stated that the balance between the benefits and costs of the restrictions had not been adequately considered. The Supreme Court argued that the city's appeal was limited to a mere disagreement with the assessment of the evidence, which is not grounds for an appeal to the Supreme Court.
With this decision, the cancellation of Madrid's Low Emission Zones became final. Although the City Council had already implemented a new ordinance to replace the previous one, the new regulations were approved in the March 2025 plenary session with the sole votes of the People's Party (PP), while the opposition (Más Madrid, the Spanish Socialist Workers' Party (PSOE), and Vox) voted against it. The City Council maintains that this new ordinance nullifies the court ruling, but the courts have yet to rule on its validity.
Enforcement and the battle over fines
The High Court of Justice of Madrid has opened a separate case to enforce the sentence. giving the City Council 20 days to submit its arguments. This measure comes after the Supreme Court rejected the appeal and represents a further step towards the effective implementation of the annulment. The European Automobile Association (AEA) has been the most active in this process, demanding the immediate suspension of all fine collection procedures related to Low Emission Zones (LEZs).
According to the AEA, the economic impact of the sanctions is colossal: more than 3,4 million cases and an amount of around 700 million euros. The association is demanding that the City Council return all the money collected improperly, since the fines lack legal basis after the ordinance was annulled. However, the City Council maintains that the annulment only affects the Special Protection Low Emission Zones, that is, the city center and Plaza ElÃptica, and not the rest of the city. General ZBE covering the entire municipality.
Several administrative courts have supported the AEA's position. The ruling extends the annulment to all fines issued for accessing streets affected by Madrid's Low Emission Zones (LEZs). This disparity in criteria has generated considerable uncertainty among drivers, who don't know whether to appeal their fines or wait for a unified interpretation. The AEA (Spanish Automobile Association) has urged the City Council to halt the seizures while the execution of the ruling is being resolved.
The new ordinance and the future of restrictions
The Madrid City Council approved a new Sustainable Mobility Ordinance in March 2025, which replaces the annulled one and, according to the City Council, nullifies the ruling of the High Court of Justice of Madrid. The new regulations consolidate the Low Emission Zones, expand the regulated parking zones (SER), and temporarily allow the circulation of vehicles with Label A, registered residents of the cityprovided that air quality objectives are met.
The approval of this ordinance has not been without controversy. One hundred and ten objections and two comprehensive amendments were submitted by Más Madrid and Vox, in addition to six partial amendments from the PSOE. Ultimately, the PP managed to pass it on its own, repeating the situation of 2021, when the original ordinance was approved with the votes of the PP, Ciudadanos, and the Mixed Group, just two days before the legal coverage of Madrid Central was set to expire.
The question that remains is whether the new ordinance will withstand judicial scrutiny. The courts have already shown they do not hesitate to overturn regulations they deem insufficiently justified, and the new text could suffer the same fate if it does not correct the deficiencies identified in the previous ruling. Meanwhile, drivers affected by the fines continue to await a definitive solution.
The situation of the Low Emission Zones in Madrid remains a judicial and administrative labyrinth. The Supreme Court has rejected the city's appeal, the High Court of Justice of Madrid (TSJM) is proceeding with the execution of the sentence, and the City Council has approved a new ordinance in an attempt to salvage the situation. The fines, totaling hundreds of millions of euros, are at the heart of the dispute, with drivers' associations demanding their return and the City Council defending their legality. What is clear is that mobility in the capital will never be the same, and drivers will need to pay close attention to the next legal developments to find out whether they will have to pay or receive a refund.
