Is it just me and my bad mood or is there something missing on this report?Is it ok for ATC to set up a situation like this, and to not even being mention on the report as contributing factor? Surely this cannot be regarded as good ATC practice.The pilots are to blame for some erratic manual flight, but realistically, given the circumstances, would the average pilot do much better? So lesson learned: next time keep the AP ON...Shure, and then what? Just be there and watch the altitude bust and probably TACAS TA/RA? Well, maybe a reply to ATC: “unable to maintain FL360”, would at least bring the ATC SOP`s to the investigation game!And by the way, the expression “Near Miss” most probably would be discarded by some ATC areas of the world; rather use “AIRPROX”.