Cesc Fabregas has been charged with two counts of improper conduct by the Football Association over his actions following last month's match against Hull.

The 21-year-old had been accused of spitting at Tigers assistant manager Brian Horton after their FA Cup fifth-round clash, for which Fabregas was injured but sat in the dugout.

An FA statement said: “One charge concerns his behaviour in coming onto the pitch after the final whistle, the second charge relates to an alleged spitting incident.”

Arsenal manager Arsene Wenger slammed the decision, insisting there was insufficient
evidence to ban his captain, but he stopped short of confirming the club will appeal.

The case will now go before an independent commission next month and Wenger said: “I always said that we are very open to co-operate with any investigation.

“I looked at the reports, at the video evidence, and there is nothing in there against Cesc. I don't know if we will appeal — I will see what we can do about that. 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. I don't envisage with what I have seen that he could be suspended.”

If found guilty, then Sunday's clash with
Middlesbrough may be the Spaniard's last
Premier League game of the season.

He would still be able to face Manchester United in the semi-finals of the Champions League as domestic bans do not count in Europe. Hull manager Phil Brown will also have to answer to the FA for comments he made about referee Mike Riley after the game on 17 March.

“The charges are based on submissions from Hull and video evidence,” the statement added.

“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.”

Hull submitted their own evidence to the FA at the end of March. They handed in statements from Horton, Brown and fitness conditioner Sean Rush.

“There is an independent solicitor representing us and hopefully there will be no bias towards any one club,” Brown told the Hull Daily Mail earlier this month.

“We really just want the truth to come out. If the truth comes out, we've got nothing to worry about.”

Fabregas, who missed more than three months of the season because of a knee injury, has denied that he spat at Horton.

He said at the time of the incident: “I have never done this [spit] in my whole career, so why would I when I am not even playing?”

Meanwhile, Liverpool skipper Steven Gerrard will miss tomorrow's match at Hull as he is still troubled by a groin injury.

Liverpool can go back to the top of the table with a win, with Manchester United not playing Tottenham until 5.30pm.