From typicallyspanish.com

Spain Sports News
Málaga football club remains promoted to the Primera Liga
By h.b.
Jul 23, 2008 - 8:04 AM

The Spanish football competition committee has decided to archive the allegations against Málaga football club which had been charged with purchasing the results of two games last season which ensured their promotion to the Primera Liga.

The allegation was made by a FIFA agent and was supported by Real Sociedad who would have been promoted instead of Málaga if the charge was upheld. However the committee said that the evidence placed before it was not solid, and that they freed Málaga football club from any involvement in the matter.

So Málaga will play in the Primera Liga this coming season.