The Gunners were asked by the Football Association to provide their observations after receiving submissions from Hull.

In accordance with the governing body's disciplinary procedures, Fabregas has been given until May 12 to respond, with the matter then likely to be decided by an independent commission who will consider all of the evidence before deciding what, if any, punishment is necessary.

Hull manager Phil Brown brought the alleged incident to light immediately after his side's defeat on March 17, but has also been charged by the FA following his outburst at referee Mike Riley.

A statement from the FA read: "Cesc Fabregas and Phil Brown have both been charged with improper conduct.

"The charges relate to matters arising from the FA Cup match between Arsenal and Hull at the Emirates Stadium on 17 March.

"Fabregas faces two charges of improper conduct relating to his conduct on the pitch following the game.

"One charge concerns his behaviour in coming on to the pitch after the final whistle, the second charge relates to an alleged spitting incident.

"The charges are based on submissions from Hull City and video evidence.

"Brown is charged with improper conduct and/or bringing the game into disrepute in relation to media comments made after the game concerning referee Mike Riley.

"Fabregas and Brown have until 12 May to respond."

Arsenal manager Arsene Wenger feels the case should be dropped.

"I always said we are always very open to co-operate with any investigation," Wenger said.

"I personally looked at the reports, at the video evidence and there is nothing in there against Cesc.

"I do not know if we will appeal - I will see what we can do about that.

"At the start, I am not a great fan of appealing because I said we are very open to co-operate and now I don't think we should stop that.

"I am very positive that there was enough evidence in what I have seen that the case should have been dropped."

Chairman Peter Hill-Wood concurred, telling the Daily Sport: "We have a video of the tunnel which we gave to the FA.

"I didn't see it myself, but Arsene has and so has (chief executive) Ivan Gazidis and they both said that the whole thing was innocuous. I think the whole thing is ridiculous."

Given the Gunners potential involvement in the Champions League final, the hearing could well not be scheduled until the end of the season.

However, any ban could also be carried over into the next campaign.

Neither referee Riley nor any of the other match officials mentioned anything of such an incident in their report to Soho Square.

Horton, though, had contacted the League Managers' Association to lodge a complaint before Hull were asked by the FA to submit their observations.

Fabregas, who was not playing against Hull because of a knee injury, refuted all of the allegations.

He said: "I was on the pitch at the end of the game celebrating with my team-mates, but I promise I did not do anything wrong."

Back on the pitch, Arsenal return to action against Middlesbrough tomorrow following their midweek trip to Liverpool which ended in an amazing 4-4 draw.

Wenger's defensive options could be boosted by the return of goalkeeper Manuel Almunia and Johan Djourou from injury, while Togo striker Emmanuel Adebayor is expected to have shaken off his hamstring problem.

However, leading scorer Robin van Persie continues to be troubled by a groin problem and will not feature either against Boro or the Champions League semi-final first leg clash with Manchester United next week.