The High Court of Justice of Madrid yesterday annulled several provisions of the Sustainable Mobility Ordinance that regulate the Low Emission Zones, affecting mainly Madrid Central and Plaza Elíptica.
The ruling, driven by the Vox Group, points out the lack of adequate prior studies on the restrictions on polluting vehicles. This questions the legality of the environmental policies implemented in the city, not having correctly assessed the principles of proportionality and non-discrimination in the measures adopted.
And it also opens a wide space for doubts about the validity of the fines, the time at which the sentence would be effective and many other issues that we will briefly discuss in this article.
Doubts and answers after the response of justice
Can I enter today with my car without a sticker on Gran Vía?
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No, the Low Emission Zones (ZBE) are still active until October 23, 2024. The ruling is not final and the restrictions remain in place.
When would the ruling be effective?
The judgment will be effective in 30 days, i.e. October 23, 2024.
Will the fines be cancelled?
No, the fines imposed will remain valid, as they are considered to have been legally issued. In addition, Madrid Central established case law when it was determined that the fines issued during that period were legal.
Why is justice annulling the Low Emission Zones?
The annulment is due to the fact that the economic impact on groups with lower purchasing power was not adequately considered.
What has the City Council said?
José Luis Martínez-Almeida, mayor of Madrid, defended the sustainability and mobility model of the city in an interview on Onda Cero, where he also indicated that “this is a matter for the legal services, they are the ones who have to analyze the filing of an appeal, and more of an appeal to the Supreme Court, which is a technically very complex issue.” What are the Low Emission Zones?
Low Emission Zones are areas restricted to traffic of vehicles without environmental label (category A) to reduce pollution, applied mainly in the Central District and Plaza Elíptica, and since January 2024, extended outside the M-30.
It is foreseen (under the regulation that has been annulled) that as of January 1, 2025, no vehicle without an environmental sticker or with an A label -whether or not a resident of Madrid- will be able to circulate.
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