As happened with Madrid Central, deficiencies in the development of the ordinance lead to the suspension of the ZBE of Gijón
The Superior Court of Justice (TSJ) of Asturias knocks down the Low Emission Zone (ZBE) of Gijón (Asturias) because it does not meet the legal requirements. The suspension of the restrictions arises in response to the lawsuit filed by the driver defense company Dvuelta.
The judgment of the TSJ of Asturias considers that the City Council of Gijón has not proceeded adequately when approving the municipal ordinance. There are several absences that motivate the suspension of the LEZ of Gijón, the main one, the absence of an economic report that allows knowing the budgetary impact of the ordinance.
“This absence of economic memory was one of the main arguments of the appeal,” they explain from Dvuelta. “The Court has accepted all the arguments of the appellant and annuls the regulatory provision as a whole,” they add.
The City Council has not assessed the impact of the ordinance
Aware of the complaint, the Gijón city council tried to avoid the suspension of the LEZ by providing a “short report”. that the TSJ has considered insufficient.
The sentence that suspends the restrictions on movement in the center of Gijón also refers to the lack of a report that evaluates the effect of the measures on transport and in the field of professionals who use motor vehicles.
30 days for appeal
With the ruling of the TSJ of Asturias, the ZBE of Gijón, one of the first implementations in compliance with the obligation to create restricted traffic zones in all municipalities with more than 50,000 inhabitants imposed by the Climate Change Law, remains in suspension.
The Gijón City Council has a period of 30 days to file an appeal in cassation and thus try to carry out its ordinance.
Remember that the ZBE of Gijón has been one of the most controversial since it is one of the few that requires the DGT environmental label to be displayed on the windshield under penalty of a 200-euro fine.
