37The fact that such national legislation allows a fixed-term, fixed-price electricity supply contract to stipulate that a contractual penalty will be payable in the event of early termination of the contract by the customer with a view to switching supplier, even where that penalty has the characteristics described in paragraph 31 above and in so far as that legislation, on the one hand, requires that such a contractual stipulation be drafted in clear terms, allowing the customer to understand its scope before the contract is signed, and be freely consented to, thereby satisfying the condition of transparency which that wording requires, and, on the other hand, provides for the possibility of administrative or judicial redress in the event of a dispute, does not necessarily prevent that customer from being in fact able easily to switch to a new supplier.