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Bilbao Low Emission Zone Fines Overturned Due to Procedural Flaws

Two of three judges reviewing initial cases find insufficient evidence to penalize drivers, raising questions about the zone's enforcement.

Generic image: A Low Emission Zone sign on a glass surface with raindrops.
IA

Generic image: A Low Emission Zone sign on a glass surface with raindrops.

Judges in Bilbao have started to overturn initial fines issued to polluting vehicles entering the Low Emission Zone, citing procedural defects or insufficient evidence.

The City Council of Bilbao began issuing fines on September 16, 2024, to the most polluting cars entering the city's Low Emission Zone (LEZ). The penalty was and remains 200 euros. In January 2025, the council admitted to initiating 75 daily proceedings against drivers entering the restricted area with unauthorized vehicles.
A significant percentage of citizens caught within the LEZ typically appeal the fines administratively in an attempt to have them annulled. If the local institution dismisses the appeals (which is most common), a small minority of drivers do not accept this and decide to take legal action.
Now, judges in Bilbao have begun issuing the first rulings on penalties imposed due to the enforcement of the LEZs. The magistrates are not evaluating the legality of the regulations approved by the Basque capital (that is the subject of a more complex ongoing lawsuit), but rather thoroughly analyzing each case and the arguments presented by municipal authorities to penalize the alleged offenders.
So far, according to legal sources consulted, fewer than 10 cases have been registered, as it is difficult for a citizen to pursue legal action because "it doesn't make much sense to get involved in a judicial process for a 200-euro fine that can be reduced to 100 euros with prompt payment." Nevertheless, this newspaper has accessed what may be the first seven resolutions concerning penalties imposed due to the LEZs.
The rulings have been issued by three different judges. One of them has upheld four of the fines, while his other two colleagues have annulled the remaining three due to procedural defects or failures in proving the infraction. This disparate outcome is noteworthy and suggests that perhaps the system for detecting, managing, and resolving these penalties is not yet fully refined by the Bilbao City Council.
For example, the first ruling against the Council was issued last March by the head of Court of Instance number 3 of Bilbao. The judge states that "there is insufficient evidence to overturn the presumption of innocence" of the driver, as "the specific point where the infraction occurs is not well identified, no photograph or plan is provided, and it is not appropriate to submit it outside the administrative file." For this reason, she believes the principle of 'in dubio pro reo' (in case of doubt, the benefit goes to the accused) must prevail.

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