40Thirdly, the Commission argues that the duty to have regard for the welfare of the person concerned has to be applied subject to the rules in force (Case T-65/92Arauxo Dumay v Commission [1993] ECR II-597, paragraphs 36 and 37, and Case T-123/89Chomel v Commission [1990] ECR II-131, paragraph 32). Consequently, it would be impossible for it to provide continuing cover for the applicant under the Common Scheme without derogating from the binding provision of Article 72(1 b) of the Staff Regulations. Moreover, according to the case-law, that provision has to be interpreted strictly (Case T-41/89Schwedler v Parliament [1990] ECR II-78, paragraph 23).