On the other hand, can you actually make a human not repeat given action? Or explain it?
I don't think that that is really the Problem. We also know how to teach people something, without knowing how our Human Brain works. The Problem is Companies can select for certain unlawful behaviour, but nobody can proof that later.
How can the manufacturer comply, if they don't understand why the AI makes that decision, and how to change its decision-making process? This isn't just about accountability, it's also about the manufacturers' inability to control the behavior of a black-box AI system.
If the manufacturer explains to the judge that they don't really know what's going on inside the AI, the judge won't be inclined to cut them a break.