The Barcelona Low Emission Zone (ZBE) regulations have been upheld by the High Court of Justice of Catalonia (TSJC). Consequently, the city’s ban on older, polluting vehicles remains in force. The court dismissed appeals from a mechanics’ guild and a residents’ platform who sought to annul these environmental measures.

This ruling validates the updated 2023 version of the ZBE ordinance. A previous 2019 version was struck down by the same court for insufficient justification. Therefore, this new decision sets a significant legal precedent for Barcelona and other municipalities mandated to introduce similar air quality schemes.

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Legal challenges were brought by the Gremi de Tallers, a vehicle repair guild, and the Plataforma d’Afectats per les Restriccions Circulatòries. They argued the ordinance lacked proper justification and unfairly targeted vehicles. However, the TSJC found the city council’s case compelling in its two new rulings.

The court emphasised that, unlike in 2019, the council is now explicitly obligated by national law to implement a Low Emission Zone. The judges deemed the council’s arguments “reasoned and proportionate”. Meanwhile, the appellants failed to prove their case against the Barcelona Low Emission Zone.

National Law Backs Barcelona Low Emission Zone

The key difference in this legal battle was new national legislation. This framework provided the necessary authority for the city to enforce restrictions. The court noted this national mandate raises the burden of proof for challengers. In addition, the national push for cleaner air is complemented by initiatives like the new national public transport pass.

The court’s decision was also bolstered by a European Union Court of Justice reprimand against Spain regarding air pollution. These concerns are underscored by data showing rising car registrations in Catalonia. The TSJC stated the city now possesses the necessary information to estimate the Barcelona Low Emission Zone impact properly.

Future of the Barcelona Low Emission Zone

Following the verdict, the secretary general of the Gremi de Tallers confirmed they would not appeal to the Supreme Court. However, the affected residents’ platform is reportedly preparing a further appeal. According to reports, the ruling consolidates environmental policies restricting vehicle use across Catalonia.

Currently, the Barcelona Low Emission Zone prohibits access for vehicles without a national environmental label. These are typically older petrol and diesel cars. The city has not confirmed when it may extend restrictions to vehicles with a yellow ‘B’ label. Regional regulations suggest this may be required by 2028. This push for stricter rules coincides with record public transport usage in Barcelona.

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