The courts reject Madrid’s ZBE and changes could be coming

There has been much talk about the Madrid ZBEprobably the most controversial in the country. Although all cities are required to have their “low emission zones”, the capital was especially restrictive. It was recently confirmed that more than a million cars would be off its roads from 2025 due to not having an environmental badge. However, in a surprising turn of events, the The High Court of Justice of Madrid has dismissed this ordinance and repealed all zones.

This means that neither the ZBE nor the weighs on the entire municipality of Madrid nor the two Special Protection Low Emission Zones (ZBEDPE), which are Distrito Centro and Plaza Elíptica. The decision of the TJSM comes after an appeal filed by the VOX Municipal Group, although it responds to other reasons. The court rejects the party’s allegations, but considers that there were no compelling reasons in the reports prior to the approval of the Ordinance. Specifically, it doubts the economic impact.

The crux of the matter lies in the Ordinance 10/2021of September 13, which modifies the Sustainable Mobility Ordinance of October 5, 2018 of the Madrid City Council. That is the one that the TSJM annuls, although some points must be clarified. Justice does not remove power from the municipal administration or question the need to adopt pollution control measures in the city. It simply asks that its viability be reviewed, as it could have an effect discriminatory towards the most vulnerable groupseconomically.

It is also mentioned How it affects professional vehicles The ability of self-employed workers, micro-enterprises and SMEs to renew their fleets is already being considered. In any case, while this balance between benefits and costs and the possibility of adopting less restrictive measures is being reached, certain things must be taken into account. The first thing is that this is not a definitive measure, since now The City Council could file an appeal to revoke this decision. The logical thing would be to modify the Ordinance and to continue with the prohibitions.

On the other hand, sanctions for access to the Madrid ZBE remain in force. During the next month, which is the deadline that the City Council has to appeal, fines will continue to be issued to all those who fail to comply with the regulations. Nor has it been considered, for the moment, in the event that the ZBE are demolished, if HEThey could cancel all fines that have been previously posted. We will follow the topic closely because it will give something to talk about.

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