Ben Pawlowski
A MADRID low emission zone designed to improve air quality in the centre of Spain’s capital has been annulled after a leading court stated that the ‘economic consequences’ were unfair for low-income residents.
The High Court of the Justice of Madrid (TSJM) issued the ruling on Tuesday, decreeing that legislation forcing residents to use cars that produce lower emissions was unjust given that the financial burden of buying greener cars fell on the shoulders of low-income residents at a time of acute financial difficulty.
Judges argued that the low emission zone failed to comply with the requirement of the European Union’s Court of Justice to respect ‘the principles of proportionality’ with regards to environmental issues.
Currently, 21 districts of Madrid are subject to low emission regulations, which can impose traffic regulations and fines on cars that do not produce excessive amounts.
According to the Association of European Drivers, over €330million has been collected in over 1.7 million separate fines related to breaches of low emission zone legislation.
The High Court ruling is not yet final and remains subject to appeal, with a date for a final adjudication set for October 23.
Madrid’s city council said its ‘legal services are analysing the ruling’, with plans to appeal to the Supreme Court.
Since January 2023, low emission zones have been introduced in 149 separate Spanish towns and cities, including all municipalities with over 50,000 residents.
